IOWA ADMINISTRATIVE
BULLETIN
Published Biweekly VOLUME XXIII NUMBER 2 July 26,
2000 Pages 101 to 188
CONTENTS IN THIS ISSUE
Pages 114 to 165 include ARC 9985A to ARC
0004B
AGENDA
Administrative rules review committee 106
AGRICULTURE AND LAND
STEWARDSHIP
DEPARTMENT[21]
Filed Emergency After Notice,
Pseudorabies, 64.147,
64.151(3), 64.153(5),
64.154(2), 64.156 to 64.158, 64.160,
64.161 ARC
9997A 145
ALL AGENCIES
Schedule for rule making 104
Publication procedures 105
Administrative rules on CD–ROM 105
Agency identification numbers 112
CITATION OF ADMINISTRATIVE RULES 103
EXECUTIVE DEPARTMENT
Proclamation of disaster emergency 166
HUMAN SERVICES DEPARTMENT[441]
Notice and Notice Terminated, Waivers of
administrative
rules, 1.8 ARC 9991A 114
Notice, Tobacco settlement fund risk pool
funding, 25.71 to
25.77 ARC 9994A 115
Notice, Medicaid—pharmaceutical case
management,
78.47, 79.1 ARC 9995A 115
Notice, Child–placing agencies—foster
care and
adoptive services, 108.7(5),
108.9(7), 200.4(3), 202.4(1) ARC
9992A 117
Filed Emergency, Tobacco settlement fund risk
pool funding,
25.71 to 25.77 ARC 9993A 149
INSPECTIONS AND APPEALS DEPARTMENT[481]
Notice, Administration, 1.4, 1.5, 1.12
ARC
0002B 118
Filed, Not potentially hazardous foods;
exemptions for wild
morel mushrooms, aged
cheese, and whole muscle red meats; home
food
establishment labeling; hotel equipment,
30.2, 31.1, 34.3, 37.5(3) ARC
9996A 164
PERSONNEL DEPARTMENT[581]
Filed Emergency, Executive branch employment,
1.1, 2.2,
4.5, 4.6(12), amendments to chs 5 to 10,
15.14 ARC
9985A 151
PROFESSIONAL LICENSURE DIVISION[645]
PUBLIC HEALTH
DEPARTMENT[641]“umbrella”
Notice, Nursing home administrators—
continuing
education, 141.10, 141.12, ch 143
ARC 9999A 119
Notice, Physical therapists and physical
therapist
assistants—grounds for discipline; supervision;
continuing
education, 200.3(1), 200.5(2),
200.9 to 200.15, 200.23, 200.24,
202.6(2),
202.7 to 202.13, 202.23, ch 203 ARC 9998A 122
Notice, Occupational therapists and occupational
therapy
assistants—grounds for discipline; license
fees; supervision;
continuing education,
201.1, 201.4, 201.5(1), 201.7(2), 201.8 to
201.17,
201.24, ch 207 ARC 0001B 126
PUBLIC BROADCASTING DIVISION[288]
EDUCATION
DEPARTMENT[281]“umbrella”
Notice, Criteria for grants, ch 14 ARC
0004B 130
PUBLIC HEARINGS
Summarized list 109
PUBLIC SAFETY DEPARTMENT[661]
Notice, Certificates and inspection fees;
registration of
existing and new aboveground
petroleum storage tanks—fees, 5.5,
5.307
ARC 9990A 130
Notice, Sex offender registry, 8.303(2), 8.304(1)
ARC
9986A 131
Notice, Elevator exemption—apartment
buildings less
than four stories, 16.705(3)
ARC 9987A 131
Filed Emergency, Certificates and inspection
fees;
registration of existing and new aboveground
petroleum storage
tanks—fees, 5.5, 5.307
ARC 9989A 160
Filed Emergency, Sex offender registry,
8.303(2), 8.304(1)
ARC 9988A 162
REVENUE AND FINANCE DEPARTMENT[701]
Notice, Collection and distribution of local option
sales
and service taxes—fee paid by local option
tax jurisdictions, 107.16,
108.4 ARC 0003B 132
SUPREME COURT
Decisions summarized 167
TREASURER OF STATE
Notice—Public funds interest rates 144
CITATION of Administrative Rules
The Iowa
Administrative Code shall be cited as (agency identification number)
IAC
(chapter, rule, subrule, lettered paragraph, or numbered
subparagraph).
441 IAC 79 (Chapter)
441 IAC
79.1(249A) (Rule)
441 IAC 79.1(1) (Subrule)
441 IAC
79.1(1)“a” (Paragraph)
441 IAC
79.1(1)“a”(1) (Subparagraph)
The Iowa Administrative
Bulletin shall be cited as IAB (volume), (number), (publication
date), (page
number), (ARC number).
IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC
872A
PUBLISHED UNDER
AUTHORITY OF IOWA
CODE SECTIONS 2B.5 AND
17A.6
__________________________________
PREFACE
The Iowa Administrative Bulletin is published biweekly in
pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of
Intended Action on rules, Filed and Filed Emergency rules by state agencies.
It also contains Proclamations and Executive Orders of the
Governor which are general and permanent in nature; Economic Impact Statements
to proposed rules and filed emergency rules; Objections filed by Administrative
Rules Review Committee, Governor or the Attorney General; and Delay by the
Committee of the effective date of filed rules; Regulatory Flexibility Analyses
and Agenda for monthly Administrative Rules Review Committee meetings. Other
“materials deemed fitting and proper by the Administrative Rules Review
Committee” include summaries of Public Hearings, Attorney General Opinions
and Supreme Court Decisions.
The Bulletin may also contain Public Funds Interest Rates
[12C.6]; Workers’ Compensation Rate Filings [515A.6(7)]; Usury
[535.2(3)“a”]; Agricultural Credit Corporation Maximum Loan Rates
[535.12]; and Regional Banking—Notice of Application and Hearing
[524.1905(2)].
PLEASE NOTE: Italics indicate new material
added to existing rules; strike through letters indicate
deleted material.
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Fax: (515)281–4424
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Schedule for Rule
Making
2000
NOTICE SUBMISSION
DEADLINE
|
NOTICE PUB.
DATE
|
HEARING OR COMMENTS 20
DAYS
|
FIRST POSSIBLE ADOPTION
DATE 35 DAYS
|
ADOPTED FILING DEADLINE
|
ADOPTED PUB.
DATE
|
FIRST POSSIBLE
EFFECTIVE DATE
|
POSSIBLE EXPIRATION OF NOTICE 180
DAYS
|
Dec. 24 ’99
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Jan. 12 ’00
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Feb. 1 ’00
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Apr. 28
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May 17
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June 21
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Sept. 18
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Mar. 17
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Apr. 5
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Apr. 25
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May 10
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May 12
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May 31
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July 5
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Oct. 2
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Mar. 31
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Apr. 19
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May 9
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May 24
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June 14
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July 19
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Oct. 16
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Aug. 1
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Oct. 11
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July 26
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Sept. 27
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Aug. 18
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Sept. 6
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Oct. 11
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Oct. 13
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Nov. 1
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Dec. 6
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Mar. 5 ’01
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Sept. 1
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Oct. 10
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Oct. 25
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Oct. 27
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Nov. 15
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Dec. 20
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Mar. 19 ’01
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Sept. 15
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Oct. 4
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Oct. 24
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Nov. 8
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Nov. 10
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Nov. 29
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Friday, September 1, 2000
|
September 20, 2000
|
PLEASE
NOTE:
Rules will not be accepted after 12 o’clock noon
on the Friday filing deadline days unless prior approval has been received from
the Administrative Rules Coordinator’s office.
If the filing deadline falls on a legal holiday, submissions
made on the following Monday will be accepted.
PUBLICATION PROCEDURES
TO: Administrative Rules Coordinators and Text Processors of
State Agencies
FROM: Kathleen K. Bates, Iowa Administrative Code
Editor
SUBJECT: Publication of Rules in Iowa Administrative
Bulletin
The Administrative Code Division uses Interleaf 6 to publish
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______________________
IOWA ADMINISTRATIVE RULES and IOWA COURT RULES on
CD–ROM
1999 WINTER EDITION
Containing: Iowa Administrative Code (updated through
December 1999)
Iowa Administrative Bulletins (July 1999 through
December 1999)
Iowa Court Rules (updated through December
1999)
For free brochures and order forms contact:
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Attn: Ms. Stephanie
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Telephone:
(515)281–3566 Fax:
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lsbinfo@legis.state.ia.us
AGENDA
The Administrative Rules Review Committee will hold a special
meeting on Wednesday, August 2, 2000, at 9 a.m. in Senate Committee Room 24,
State Capitol, Des Moines, Iowa. The following rules will be
reviewed:
Bulletin
AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]
Eradication of pseudorabies, 64.147, 64.151(3),
64.153(5), 64.154(2)“c,”
64.156(2),
64.156(3)“a,” 64.157, 64.158,
64.160, 64.161, Filed Emergency After Notice ARC
9997A 7/26/00
Chronic wasting disease, 64.171 to 64.187,
Notice ARC 9980A 7/12/00
CRIMINAL AND JUVENILE JUSTICE PLANNING
DIVISION[428]
HUMAN RIGHTS
DEPARTMENT[421]“umbrella”
Functions; juvenile justice youth development
program; reorganization of rules,
chs 1 and 3 to 5,
Filed Emergency After Notice ARC 9973A 7/12/00
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Submittal of HART form prior to preapplication
process for LHAP funds, 28.5(5), Filed ARC
9982A 7/12/00
Uniform waiver and variance rules, ch 104,
Filed ARC 9981A 7/12/00
FAIR BOARD[371]
Restrictions on pets, 8.4, Filed Emergency
After Notice ARC 9950A 7/12/00
HUMAN SERVICES DEPARTMENT[441]
Waivers of administrative rules, 1.8,
Notice ARC 9597A Terminated, also Notice
ARC 9991A 7/26/00
FIP, Medicaid and SSA recipients; PROMISE JOBS,
7.7(2)“k,” 9.4(6)“c,” 9.10(4)“e,” 9.10(15),
9.12(2)“c”(4), 40.21,
40.22,
40.22(5)“c,” 40.23, 40.24(2), 40.24(3), 40.27(1),
40.27(1)“b,” 40.27(3), 40.27(4)“b,” 40.29,
41.21(5)“c”(1) and
(2),
41.22(9)“a” and “c,”
41.23(4), 41.23(5), 41.23(5)“a,” 41.24(1)“c,”
41.24(2)“f,” 41.24(3)“a” and “b,”
41.24(6),
41.25(6), 41.25(7), 41.25(8)“f,”
41.26(1)“e,” 41.26(2)“f” and “g,” 41.26(9),
41.27(1)“i,” 41.27(8)“a”(1) and
(2),
41.27(10), 43.23(4), 46.21, 46.24(5), 46.25,
46.25(4), 46.27(5), ch 93 preamble, 93.104(1), 93.104(2),
93.111(5),
93.122, 93.133(2)“a,”
Notice ARC 9978A 7/12/00
Tobacco settlement fund risk pool funding, 25.67
to 25.70, ch 25 division VI, 25.71 to
25.77,
Notice ARC 9994A, also
Filed Emergency ARC 9993A 7/26/00
FMAP–related Medicaid and
CMAP–related medically needy recipients, 75.1(28)“a”(2),
75.1(35)“i” and “j,”
75.25,
75.50, 75.51, 75.52(1), 75.52(3), 75.52(4), 75.52(4)“b” and
“c,” 75.52(4)“c”(10), 75.52(4)“d” to
“h,”
75.52(5)“a” to
“c,” 75.57, 75.57(6)“ab,” 75.57(7)“o,”
“p,” “r,” “v” and “aa,”
75.57(9)“a” to “c,” “e” and
“f,”
76.2(4), 76.2(5), 76.7, 76.10(2),
Notice ARC 9979A 7/12/00
Medicaid—pharmaceutical case management
services, 78.47, 79.1(2), 79.1(18), Notice ARC
9995A 7/26/00
Foster care and adoption
services—consideration of race or ethnicity, 108.7(5), 108.9(7),
200.4(3)“b,”
202.4(1), Notice
ARC 9992A 7/26/00
INSPECTIONS AND APPEALS DEPARTMENT[481]
Investigations, inspections, and health
facilities divisions, 1.4, 1.5, 1.12, Notice ARC
0002B 7/26/00
Not potentially hazardous foods; exceptions for
wild morels, aged cheese and whole muscle red meats;
home
food establishment product labeling; hotel equipment used to store and handle
ice,
30.2, 31.1(2), 31.1(14) to 31.1(16), 34.3, 37.5(3),
Filed ARC 9996A 7/26/00
INSURANCE DIVISION[191]
COMMERCE
DEPARTMENT[181]“umbrella”
Contraceptive coverage, 35.39, 71.14(6), 71.24,
75.10(4), 75.18, Notice ARC 9983A 7/12/00
NURSING BOARD[655]
PUBLIC HEALTH
DEPARTMENT[641]“umbrella”
Academic qualifications for faculty teaching in
master’s programs, 2.6(2)“c”(3), Notice ARC
9960A 7/12/00
Issuance of investigatory or contested case
subpoenas, 4.3, 4.25, Notice ARC
9961A 7/12/00
Identification badges, 6.2(5)“f,”
6.3(9)“d,” Notice ARC
9962A 7/12/00
Uniform waiver and variance rules, ch 15,
Notice ARC 9675A Terminated ARC
9963A 7/12/00
PERSONNEL DEPARTMENT[581]
State employment—recruitment and selection,
classification, benefits, 1.1, 2.2, 4.5(4), 4.5(5), 4.6(12), chs 5 to
10,
15.14, Filed Emergency ARC
9985A 7/26/00
IPERS, 21.1(3), 21.1(5)“c,”
21.4(3)“a,” 21.5(1)“a”(19), (49) and (50), 21.6(2),
21.6(9)“b” and “c,”
21.6(9)“d”(5),
21.6(9)“e,” 21.7,
21.8(4)“e,” 21.8(9), 21.8(10), 21.9(1)“a” and
“c,” 21.10(16), 21.10(18), 21.11(2), 21.11(6),
21.11(9),
21.12, 21.13(2)“e,”
21.13(6)“c” and “d,” 21.13(7)“a” and
“b,” 21.13(10)“a”(3)“3,”
21.13(10)“e”(2) and (3),
21.13(12), 21.16(5),
21.16(6), 21.19(1), 21.22, 21.24(2)“f,” 21.24(3),
21.24(5)“f,” 21.24(6)“d,” 21.24(11) to
21.24(16),
21.30(3) to 21.30(5), 21.31, 21.32,
Notice ARC 9972A, also Filed Emergency ARC
9971A 7/12/00
PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, IOWA
COMPREHENSIVE[591]
Remedial claims, 11.1(3)“b”(2) and
(3), 11.4(11), Filed ARC 9974A 7/12/00
Payments to the department where a no further
action certificate has been issued, 11.9, Notice ARC
9975A 7/12/00
PROFESSIONAL LICENSURE DIVISION[645]
PUBLIC HEALTH
DEPARTMENT[641]“umbrella”
Nursing home administrators, 141.10, 141.12, ch
143, Notice ARC 9999A 7/26/00
Physical therapists and physical therapist
assistants, 200.3(1)“b”(1), 200.5(2), 200.9(1), 200.9(2), 200.10,
200.10(7)“c”(7),
200.10(8), 200.10(15),
200.11, 200.11(1), 200.11(2), 200.12 to 200.15, 200.23, 200.24, 202.6(2), 202.7,
202.7(1),
202.7(2), 202.8, 202.8(7)“h,” 202.9
to 202.13, 202.23, ch 203, Notice ARC
9998A 7/26/00
Occupational therapists and occupational therapy
assistants, 201.1, 201.4(1), 201.4(2), 201.5(1)“d,” 201.7(2),
201.8,
201.8(3), 201.9, 201.9(3), 201.9(4), 201.9(6),
201.9(8), 201.10, 201.10(8), 201.11 to 201.17,
201.24, ch
207, Notice ARC 0001B 7/26/00
Psychology examiners, 240.10(2), 240.100,
240.100(13), 240.101 to 240.109,
240.212, ch 241,
Notice ARC 9984A 7/12/00
PUBLIC BROADCASTING DIVISION[288]
EDUCATION
DEPARTMENT[281]“umbrella”
Criteria for grants, ch 14, Notice
ARC 0004B 7/26/00
PUBLIC SAFETY DEPARTMENT[661]
Fees for fire inspection; registration of
existing and new tanks—fees, 5.5,
5.307,
Notice ARC 9990A, also
Filed Emergency ARC 9989A 7/26/00
Fire safety for bed and breakfast inns, 5.800 to
5.802, 5.802(8)“b,” 5.803, 5.803(3)“2,” 5.804, 5.804(1),
5.805 to 5.808,
5.808(6)“a,” 5.809, 5.809(2),
5.810, 5.820, Notice ARC 9970A 7/12/00
Sex offender registry, 8.303(2)“b,”
8.304(1), 8.304(1)“d”(1),
8.304(1)“e,”
Notice ARC
9986A, also Filed Emergency ARC
9988A 7/26/00
Apartment buildings less than four
stories—elevator exemption, 16.705(3)“a,” Notice
ARC 9987A 7/26/00
Fire service training bureau, ch 53,
Notice ARC 9964A, also Filed Emergency ARC
9968A 7/12/00
Firefighter certification, ch 54, Notice
ARC 9965A, also Filed Emergency ARC
9969A 7/12/00
Volunteer emergency services provider death
benefits, ch 59,
Notice ARC 9966A, also
Filed Emergency ARC 9967A 7/12/00
RACING AND GAMING COMMISSION[491]
INSPECTIONS AND APPEALS
DEPARTMENT[481]“umbrella”
Occupational and vendor licensing; simulcasting;
jockey mount fee schedule, 4.7, ch 6, ch 8 title, 8.1, 8.2(3),
8.4,
8.5, 10.4(2)“d”(1), chs 12 and 13,
Notice ARC 9948A 7/12/00
REVENUE AND FINANCE DEPARTMENT[701]
Waiver or variance, ch 7, division III, 7.60,
Notice ARC 9954A 7/12/00
Prescription and nonprescription drugs and
devices—taxation and exemption, 20.7,
20.8,
20.8(2)“c,” 20.8(3),
20.9(3)“a,” “c” and “e,” 20.9(4), 20.9(5),
Filed ARC 9959A 7/12/00
Exempt sales of clothing and footwear during
two–day period in August, 20.12,
Notice
ARC 9953A, also Filed Emergency ARC
9952A 7/12/00
Application of related expense to allocable
interest, dividends, rents and royalties; cross–reference
correction,
54.3, 54.9, 59.29, Filed ARC
9955A 7/12/00
Recovery of fees for local option tax, 107.16,
108.4, Notice ARC 0003A 7/26/00
TRANSPORTATION DEPARTMENT[761]
Federal motor carrier safety regulations,
520.1(1)“a,” “b” and “d,” 520.2,
520.3(1)“d,”
520.4(1), 520.6(1), 520.7,
520.8, Filed ARC 9949A 7/12/00
School transportation services provided by
regional transit systems, ch 911, Filed ARC
9951A 7/12/00
UTILITIES DIVISION[199]
COMMERCE
DEPARTMENT[181]“umbrella”
Natural gas marketer certification, 2.2(17),
19.13(6), 19.14 to 19.16, Notice ARC
9976A 7/12/00
Review of fuel procurement practices, 20.13,
Filed ARC 9977A 7/12/00
WORKERS’ COMPENSATION DIVISION[876]
WORKFORCE DEVELOPMENT
DEPARTMENT[871]“umbrella”
Transportation expense—use of a private
auto, 8.1“2,” Notice ARC 9958A, also Filed
Emergency ARC 9957A 7/12/00
Payroll tax tables, 8.8, Filed Emergency
ARC 9956A 7/12/00
ADMINISTRATIVE RULES REVIEW COMMITTEE
MEMBERS
Regular statutory meetings are held the second
Tuesday of each month at the seat of government as provided in Iowa Code section
17A.8. A special meeting may be called by the Chair at any place in the state
and at any time.
EDITOR’S NOTE: Terms ending April 30,
2003.
Senator H. Kay Hedge
3208 335th Street
Fremont, Iowa 52561
|
Representative Janet Metcalf
12954 Oak Brook Drive
Urbandale, Iowa 50323
|
Senator Merlin E. Bartz
2081 410th Street
Grafton, Iowa 50440
|
Representative Clyde Bradley
835 Blackhawk Lane
Camanche, Iowa 52730
|
Senator Patricia M. Harper
3336 Santa Maria Drive
Waterloo, Iowa 50702
|
Representative Danny Carroll
244 400th Avenue
Grinnell, Iowa 50112
|
Senator John P. Kibbie
P.O. Box 190
Emmetsburg, Iowa 50536
|
Representative Minnette Doderer
2008 Dunlap Court
Iowa City, Iowa 52245
|
Senator Sheldon Rittmer
3539 230th Street
DeWitt, Iowa 52742
|
Representative Geri Huser
213 7th Street NW
Altoona, Iowa 50009
|
Joseph A. Royce
Legal Counsel
Capitol, Room 116A
Des Moines, Iowa 50319
Telephone (515)281–3084
Fax (515)281–5995
|
Brian Gentry
Administrative Rules Coordinator
Governor’s Ex Officio Representative
Capitol, Room 11
Des Moines, Iowa 50319
|
|
|
PUBLIC HEARINGS
To All Agencies:
The Administrative Rules Review Committee voted to request
that Agencies comply with Iowa Code section 17A.4(1)“b” by allowing
the opportunity for oral presentation (hearing) to be held at least twenty
days after publication of Notice in the Iowa Administrative Bulletin.
AGENCY
|
HEARING LOCATION
|
DATE AND TIME OF HEARING
|
EDUCATIONAL EXAMINERS BOARD[282]
|
|
One–year conditional license, 14.15 IAB 6/28/00
ARC 9927A
|
Conference Room 3 South Third Floor Grimes State Office
Bldg. Des Moines, Iowa
|
July 27, 2000 1 p.m.
|
Two–year conditional license, 14.16 IAB 6/28/00
ARC 9929A
|
Conference Room 3 South Third Floor Grimes State Office
Bldg. Des Moines, Iowa
|
July 27, 2000 2 p.m.
|
Elementary and secondary school counselor
competencies, 14.20 IAB 6/28/00 ARC 9920A
|
Conference Room 3 South Third Floor Grimes State Office
Bldg. Des Moines, Iowa
|
July 27, 2000 3:30 p.m.
|
General science endorsement, 14.21(17) IAB 6/28/00
ARC 9928A
|
Conference Room 3 South Third Floor Grimes State Office
Bldg. Des Moines, Iowa
|
July 27, 2000 3 p.m.
|
Administrative endorsements— elementary and secondary
school principals, 14.23 IAB 6/28/00 ARC 9923A
|
Conference Room 3 North Third Floor Grimes State Office
Bldg. Des Moines, Iowa
|
September 1, 2000 10 a.m.
|
|
Conference Room 3 North Third Floor Grimes State Office
Bldg. Des Moines, Iowa
|
September 6, 2000 1 p.m.
|
Two–year administrator exchange
license, 14.25 IAB 6/28/00 ARC 9921A
|
Conference Room 3 South Third Floor Grimes State Office
Bldg. Des Moines, Iowa
|
July 27, 2000 2:30 p.m.
|
Mentor endorsement, 14.34, 14.35 IAB 6/28/00 ARC
9930A
|
Conference Room 3 North Third Floor Grimes State Office
Bldg. Des Moines, Iowa
|
September 1, 2000 8 a.m.
|
ELDER AFFAIRS DEPARTMENT[321]
|
|
Senior living coordinating unit, 16.1 to 16.5 IAB
6/28/00 ARC 9892A
|
North Conference Room—3rd Floor Clemens Bldg. 200
Tenth St. Des Moines, Iowa
|
August 1, 2000 10 a.m.
|
INSURANCE DIVISION[191]
|
|
Contraceptive coverage, 35.39, 71.14(6), 71.24, 75.10(4),
75.18 IAB 7/12/00 ARC 9983A
|
330 Maple St. Des Moines, Iowa
|
August 1, 2000 10 a.m.
|
NURSING BOARD[655]
|
|
Nurse licensure compact, 2.3(2), 2.6(2), 3.1, 3.2, 3.5,
3.6(1), 6.1, 6.5(5), 7.1, ch 16 IAB 6/28/00 ARC
9917A (See also ARC 9915A)
|
Ballroom Kirkwood Civic Center Hotel Fourth and
Walnut Des Moines, Iowa
|
September 7, 2000 5 p.m.
|
Identification badge, 6.2(5), 6.3(9) IAB 7/12/00 ARC
9962A
|
Ballroom Kirkwood Civic Center Hotel Fourth and
Walnut Des Moines, Iowa
|
September 6, 2000 5:30 p.m.
|
PERSONNEL DEPARTMENT[581]
|
|
IPERS, 21.1, 21.4(3), 21.5 to 21.13, 21.16, 21.19(1),
21.22, 21.24, 21.30 to 21.32 IAB 7/12/00 ARC
9972A (See also ARC 9971A)
|
600 E. Court Ave. Des Moines, Iowa
|
August 1, 2000 9 a.m.
|
PROFESSIONAL LICENSURE DIVISION[645]
|
|
Nursing home administration, 141.10, 141.12, ch 143 IAB
7/26/00 ARC 9999A
|
Board Conference Room—5th Floor Lucas State Office
Bldg. Des Moines, Iowa
|
August 15, 2000 9 to 11 a.m.
|
Physical therapists and physical therapist
assistants, 200.3(1), 200.5(2), 200.9 to 200.15, 200.23, 200.24, 202.6(2),
202.7 to 202.13, ch 203 IAB 7/26/00 ARC 9998A
|
Board Conference Room—5th Floor Lucas State Office
Bldg. Des Moines, Iowa
|
August 15, 2000 9 to 11 a.m.
|
Occupational therapists and occupational therapy
assistants, 201.1, 201.4, 201.5(1), 201.7(2), 201.8 to 201.17, 201.24, ch
207 IAB 7/26/00 ARC 0001B
|
Board Conference Room—5th Floor Lucas State Office
Bldg. Des Moines, Iowa
|
August 15, 2000 1 to 3 p.m.
|
Psychology examiners, 240.10(2), 240.100 to 240.109,
240.212, ch 241 IAB 7/12/00 ARC 9984A
|
Board Conference Room—5th Floor Lucas State Office
Bldg. Des Moines, Iowa
|
August 2, 2000 9 to 11 a.m.
|
PUBLIC SAFETY DEPARTMENT[661]
|
|
Fees for fire inspection; renewal of registration for
aboveground petroleum storage tanks, 5.5, 5.307 IAB 7/26/00 ARC
9990A (See also ARC 9989A herein)
|
Conference Room—3rd Floor Wallace State Office
Bldg. Des Moines, Iowa
|
September 8, 2000 9:45 a.m.
|
Residential occupancies; bed and breakfast inns, 5.800 to
5.810, 5.820 IAB 7/12/00 ARC 9970A
|
Conference Room—3rd Floor Wallace State Office
Bldg. Des Moines, Iowa
|
September 8, 2000 9:30 a.m.
|
PUBLIC SAFETY DEPARTMENT[661] (Cont’d)
|
|
Sex offender registry, 8.303(2), 8.304(1) IAB 7/26/00
ARC 9986A (See also ARC 9988A
herein)
|
Conference Room—3rd Floor Wallace State Office
Bldg. Des Moines, Iowa
|
September 8, 2000 11 a.m.
|
Elevators in new apartment buildings, 16.705(3) IAB
7/26/00 ARC 9987A
|
Conference Room—3rd Floor Wallace State Office
Bldg. Des Moines, Iowa
|
September 8, 2000 1:30 p.m.
|
Fire service training bureau, ch 53 IAB 7/12/00 ARC
9964A (See also ARC 9968A)
|
Conference Room—3rd Floor Wallace State Office
Bldg. Des Moines, Iowa
|
September 8, 2000 10 a.m.
|
Firefighter certification, ch 54 IAB 7/12/00 ARC
9965A (See also ARC 9969A)
|
Conference Room—3rd Floor Wallace State Office
Bldg. Des Moines, Iowa
|
September 8, 2000 10:15 a.m.
|
Volunteer emergency services provider death benefits, ch
59 IAB 7/12/00 ARC 9966A (See also ARC
9967A)
|
Conference Room—3rd Floor Wallace State Office
Bldg. Des Moines, Iowa
|
September 8, 2000 10:30 a.m.
|
RACING AND GAMING COMMISSION[491]
|
|
General, 4.7, ch 6, 8.1, 8.2(3), 8.4, 8.5, 10.4(2);
rescind chs 12, 13 IAB 7/12/00 ARC 9948A
|
Suite B 717 E. Court Des Moines, Iowa
|
August 1, 2000 9 a.m.
|
REVENUE AND FINANCE DEPARTMENT[701]
|
|
Fees to local option tax jurisdictions, 107.16,
108.4 IAB 7/26/00 ARC 0003B
|
Conference Room—4th Floor Hoover State Office
Bldg. Des Moines, Iowa
|
August 15, 2000 1:30 to 3 p.m.
|
UTILITIES DIVISION[199]
|
|
Natural gas marketer certification, 2.2(17), 19.13(6),
19.14 to 19.16, IAB 7/12/00 ARC 9976A
|
Board Hearing Room 350 Maple St. Des Moines,
Iowa
|
August 23, 2000 10 a.m.
|
AGENCY IDENTIFICATION
NUMBERS
Due to reorganization of state government by 1986 Iowa Acts,
chapter 1245, it was necessary to revise the agency identification numbering
system, i.e., the bracketed number following the agency name.
“Umbrella” agencies and elected officials are set
out below at the left–hand margin in CAPITAL letters.
Divisions (boards, commissions, etc.) are indented and set out
in lowercase type under their statutory “umbrellas.”
Other autonomous agencies which were not included in the
original reorganization legislation as “umbrella” agencies are
included alphabetically in small capitals at the left–hand margin, e.g.,
BEEF INDUSTRY COUNCIL, IOWA[101].
The following list will be updated as changes occur:
AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Agricultural Development Authority[25]
Soil Conservation Division[27]
ATTORNEY GENERAL[61]
AUDITOR OF STATE[81]
BEEF INDUSTRY COUNCIL, IOWA[101]
BLIND, DEPARTMENT FOR THE[111]
CITIZENS’ AIDE[141]
CIVIL RIGHTS COMMISSION[161]
COMMERCE DEPARTMENT[181]
Alcoholic Beverages Division[185]
Banking Division[187]
Credit Union Division[189]
Insurance Division[191]
Professional Licensing and Regulation Division[193]
Accountancy Examining Board[193A]
Architectural Examining Board[193B]
Engineering and Land Surveying Examining Board[193C]
Landscape Architectural Examining Board[193D]
Real Estate Commission[193E]
Real Estate Appraiser Examining Board[193F]
Savings and Loan Division[197]
Utilities Division[199]
CORRECTIONS DEPARTMENT[201]
Parole Board[205]
CULTURAL AFFAIRS DEPARTMENT[221]
Arts Division[222]
Historical Division[223]
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
City Development Board[263]
Iowa Finance Authority[265]
EDUCATION DEPARTMENT[281]
Educational Examiners Board[282]
College Student Aid Commission[283]
Higher Education Loan Authority[284]
Iowa Advance Funding Authority[285]
Libraries and Information Services Division[286]
Public Broadcasting Division[288]
School Budget Review Committee[289]
EGG COUNCIL[301]
ELDER AFFAIRS DEPARTMENT[321]
EMPOWERMENT BOARD, IOWA[349]
ETHICS AND CAMPAIGN DISCLOSURE BOARD,
IOWA[351]
EXECUTIVE COUNCIL[361]
FAIR BOARD[371]
GENERAL SERVICES DEPARTMENT[401]
HUMAN INVESTMENT COUNCIL[417]
HUMAN RIGHTS DEPARTMENT[421]
Community Action Agencies Division[427]
Criminal and Juvenile Justice Planning Division[428]
Deaf Services Division[429]
Persons With Disabilities Division[431]
Latino Affairs Division[433]
Status of African–Americans, Division on
the[434]
Status of Women Division[435]
HUMAN SERVICES DEPARTMENT[441]
INSPECTIONS AND APPEALS DEPARTMENT[481]
Employment Appeal Board[486]
Foster Care Review Board[489]
Racing and Gaming Commission[491]
State Public Defender[493]
LAW ENFORCEMENT ACADEMY[501]
LIVESTOCK HEALTH ADVISORY
COUNCIL[521]
MANAGEMENT DEPARTMENT[541]
Appeal Board, State[543]
City Finance Committee[545]
County Finance Committee[547]
NARCOTICS ENFORCEMENT ADVISORY
COUNCIL[551]
NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION
ON[555]
NATURAL RESOURCES DEPARTMENT[561]
Energy and Geological Resources Division[565]
Environmental Protection Commission[567]
Natural Resource Commission[571]
Preserves, State Advisory Board[575]
PERSONNEL DEPARTMENT[581]
PETROLEUM UNDERGROUND STORAGE TANK
FUND
BOARD, IOWA COMPREHENSIVE[591]
PREVENTION OF DISABILITIES POLICY
COUNCIL[597]
PUBLIC DEFENSE DEPARTMENT[601]
Emergency Management Division[605]
Military Division[611]
PUBLIC EMPLOYMENT RELATIONS BOARD[621]
PUBLIC HEALTH DEPARTMENT[641]
Substance Abuse Commission[643]
Professional Licensure Division[645]
Dental Examiners Board[650]
Medical Examiners Board[653]
Nursing Board[655]
Pharmacy Examiners Board[657]
PUBLIC SAFETY DEPARTMENT[661]
RECORDS COMMISSION[671]
REGENTS BOARD[681]
Archaeologist[685]
REVENUE AND FINANCE DEPARTMENT[701]
Lottery Division[705]
SECRETARY OF STATE[721]
SEED CAPITAL CORPORATION,
IOWA[727]
SHEEP AND WOOL PROMOTION BOARD,
IOWA[741]
TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION,
IOWA[751]
TRANSPORTATION DEPARTMENT[761]
Railway Finance Authority[765]
TREASURER OF STATE[781]
TURKEY MARKETING COUNCIL,
IOWA[787]
UNIFORM STATE LAWS
COMMISSION[791]
VETERANS AFFAIRS COMMISSION[801]
VETERINARY MEDICINE BOARD[811]
VOTER REGISTRATION
COMMISSION[821]
WORKFORCE DEVELOPMENT DEPARTMENT[871]
Labor Services Division[875]
Workers’ Compensation Division[876]
Workforce Development Board and
Workforce Development
Center Administration Division[877]
NOTICES
ARC 9991A
HUMAN SERVICES
DEPARTMENT[441]
Notice of Termination
and
Notice of
Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 217.6,the
Department of Human Services hereby terminates rule–making proceedings
under the provisions of Iowa Code section 17A.4(1)“b” for proposed
rule making relating to Chapter 1, “Departmental Organization and
Procedures,” and proposes to amend Chapter 1, “Departmental
Organization and Procedures,” appearing in the Iowa Administrative
Code.
Notice of Intended Action proposing amendments to the
Department’s rule on exceptions to policy was published in the Iowa
Administrative Bulletin on January 12, 2000, as ARC 9597A. The Notice
proposed to bring the Department of Human Services rule for exceptions to policy
into compliance with Executive Order Number 11 issued by Governor Vilsack on
September 14, 1999. Executive Order Number 11 directs each state agency to
adopt a waiver rule as outlined in the order.
That Notice was put on hold at the Governor’s direction
pending legislative action on waivers of administrative rules. The
Seventy–eighth General Assembly passed 2000 Iowa Acts, House File 2206,
which does not rescind Executive Order Number 11, but does supersede some of the
substantive provisions of the order, replacing them with statutory language to
be codified at Iowa Code section 17A.9A.
Therefore, the Department is terminating the prior rule making
and giving notice of new amendments to bring its rules on exceptions to policy
into compliance with the Executive Order and 2000 Iowa Acts, House File
2206.
The Department has had a waiver (exception to policy) rule
since 1987. The Department’s rule is written in a format that is easy to
understand for clients and providers that are requesting exceptions to policy.
Therefore, the Department is making only those changes necessary to bring its
existing rule into conformity with the Executive Order and the legislative
mandate. The Department is also continuing to refer to its
“waivers” as “exceptions to policy,” to avoid confusion
with the Home– and Community–Based waiver programs.
Specifically, these amendments:
• Clarify that exceptions
must be consistent with other state and federal law.
• Specify the minimum
findings that must be made, based on clear and convincing evidence, before the
director can grant an exception.
• Provide that the party
requesting an exception must establish that the exception is
appropriate.
• Update the address to
which requests for exceptions must be sent, require acknowledgment of requests
within seven days, provide for notice to other affected parties and for requests
for additional information, and allow for extensions of time for decisions with
the requester’s agreement and for the pending of requests filed in
contested case proceedings until after a final decision is issued.
These amendments do not provide for waiver of the rules
governing waivers in specified situations because all waivers should be subject
to the same procedural and substantive rules.
Consideration will be given to all written data, views, and
arguments thereto received by the Office of Policy Analysis, Department of Human
Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or
before August 16, 2000.
These amendments are intended to implement Executive Order
Number 11, Iowa Code section 217.6 and 2000 Iowa Acts, House File
2206.
The following amendments are proposed.
Amend rule 441—1.8(217) as follows:
441—1.8(17A,217) Exceptions
Waivers of administrative rules (hereinafter referred to as exceptions to
policy). Exceptions to the department’s rules may be granted in
individual cases upon the director’s own initiative or upon request.
No exception will be granted to a rule required by state statute or by
federal statute or regulation. Any exception granted must be consistent with
state and federal law.
1.8(1) Procedures for requests.
a. Requests for exceptions must be submitted in writing to the
Bureau of Policy Analysis Appeals Section, Department of
Human Services, Hoover State Office Building 1305 E. Walnut
Street, 5th Floor, Des Moines, Iowa 50319–0114.
b. A request for an exception is independent from a
departmental appeal under 441—Chapter 7. However, a request for an
exception may be combined with an appeal of a proposed decision to the director
under 441—Chapter 7. A request for an exception made prior to an appeal
under 441— Chapter 7 may be denied pending an appeal where factual matters
need to be developed.
c. A party requesting an exception must establish that the
exception is appropriate. A request for an exception should include the
following information where applicable and known to the requester:
(1) The name, address, and case number or state identification
number of the person or entity for whom an exception is being requested and the
person requesting the exception, if different from the person for whom an
exception is being requested.
(2) The specific rule to which an exception is requested or
the substance thereof.
(3) The specific exception requested.
(4) Facts relevant to the factors listed in subrule
1.8(2).
(5) A history of the department’s action on the
case.
(6) Any information known to the requester regarding the
department’s treatment of similar cases.
(7) The name, address, and telephone number of any person
inside or outside the department with knowledge of the matter with respect to
which the exception is requested.
(8) Releases of information authorizing persons with knowledge
regarding the request to furnish the department information pertaining to the
request.
d. Requests for exceptions shall be acknowledged
immediately within seven days and shall be
responded to in writing within 120 days of receipt. The department
may give notice of the request to other affected parties. The department may
also request additional information from the applicant.
e. The department shall issue a written decision on the
request for an exception to policy within 120 days of receipt, unless the
applicant agrees to a later date. If a request for an exception to policy has
been filed in a contested case proceeding, the department may pend the request
until after a final decision is issued.
e f. A denial of a request for an
exception is absolutely final and is not appealable under 441—Chapter
7.
f g. A request for an exception does
not delay the time to request an appeal under 441—Chapter 7 or for filing
a petition for judicial review of a final decision in a contested case under
Iowa Code section 17A.19.
g h. A request for an exception is not
required to exhaust administrative remedies before judicial review of department
action under Iowa Code section 17A.19.
h i. The department shall maintain a
deidentified record of exceptions granted and denied indexed by rule available
for public inspection.
1.8(2) Policy.
a. The director may grant an exception if the director
finds, based on clear and convincing evidence, that:
(1) Failure to grant the exception will result in undue
hardship;
(2) The exception will not substantially affect another
person in an adverse manner;
(3) The exception is not prohibited by state or federal
law; and
(4) The exception will not endanger public health, safety,
or welfare.
b. Exceptions are granted The
decision on whether an exception should be granted will be made at the
complete discretion of the director after consideration of all relevant factors
including, but not limited to, those in paragraph “a” and the
following:
a. (1) The need of the person or
entity directly affected by the exception. Exceptions will be granted only in
cases of extreme need.
b. (2) Whether there are exceptional
circumstances justifying an exception to the general rule applicable in
otherwise similar circumstances.
c. (3) Whether granting the exception
would result in net savings to the state or promote efficiency in the
administration of programs or service delivery. Net savings or efficiency will
make an exception more likely.
d. (4) In the case of services,
assistance, or grants, whether other possible sources have been exhausted.
Exceptions will not generally be granted if other sources are
available.
e. (5) The cost of the exception to
the state and the availability of funds in the department’s
budget.
This rule is intended to implement Iowa Code section 217.6
and 2000 Iowa Acts, House File 2206.
ARC 9994A
HUMAN SERVICES
DEPARTMENT[441]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of 2000 Iowa Acts, House File 2555,
section 3, subsection 3, paragraph “b,” the Risk Pool Board
established by Iowa Code section 426B.5(3)“b” proposes to amend
Chapter 25, “Disability Services Management,” appearing in the Iowa
Administrative Code.
The Seventy–eighth General Assembly, in 2000 Iowa Acts,
House File 2555, section 3, as amended by Senate File 2452, section 4, provided
an appropriation from the Tobacco Settlement Fund to establish a risk pool fund.
This fund is established to provide assistance to counties with limited county
mental health, mental retardation, and developmental disabilities services fund
balances to pay reimbursement increases to certain service providers that have
increased the compensation of their service staff in state fiscal year
2001.
Any county wishing to receive assistance from the Tobacco
Settlement Fund risk pool must apply to the Risk Pool Board by September 25,
2000. The legislature appropriated $2 million for the fund for fiscal year
2001. The total amount of Tobacco Settlement Fund risk pool assistance to
counties shall be limited to the amount available in the risk pool for a fiscal
year. If the total amount of eligible assistance exceeds the amount available
in the risk pool, the Risk Pool Board shall prorate among the counties eligible
for assistance the amount of assistance or adjust the percentage rate increase
allowed to providers. These rules contain provisions for repaying the risk pool
funds under specified conditions.
These rules do not provide for waivers in specified situations
because the requirements for eligibility for funds and for awarding and
repayment of funds are all stated in the statute. These requirements cannot be
waived by rule.
The substance of these rules is also Adopted and Filed
Emergency and is published herein as ARC 9993A. The purpose of this
Notice is to solicit comment on that submission, the subject matter of which is
incorporated by reference.
Consideration will be given to all written data, views, and
arguments thereto received by the Office of Policy Analysis, Department of Human
Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or
before August 16, 2000.
These rules are intended to implement 2000 Iowa Acts, House
File 2555, section 3, as amended by Senate File 2452, section 4.
ARC 9995A
HUMAN SERVICES
DEPARTMENT[441]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4 and 2000
Iowa Acts, Senate File 2435, section 9, the Department of Human Services
proposes to amend Chapter 78, “Amount, Duration and Scope of Medical and
Remedial Services,” and Chapter 79, “Other Policies Relating to
Providers of Medical and Remedial Care,” appearing in the Iowa
Administrative Code.
These amendments add pharmaceutical case management as a new
service in the Medicaid program. This servicewill be provided to Medicaid
recipients at high risk formedication–related problems. This service is
designed to identify, prevent, and resolve medication–related problems;
improve drug therapy outcomes; and result in more cost–effective delivery
of health care services to persons served.
Patients are eligible for pharmaceutical case management
services if they have active prescriptions for four or more regularly scheduled
nontopical medications, are ambulatory, do not reside in a nursing facility, and
have at least one of the eligible disease states of congestive heart disease,
ischemic heart disease, diabetes mellitus, hypertension, hyperlipidemia, asthma,
depression, atrial fibrillation, osteoarthritis, gastroesophageal reflux, or
chronic obstructive pulmonary disease.
Following enrollment to provide the services, pharmacists will
be given a list of their Medicaid patients eligible to participate in the
program. Patients have the choice of whether to receive the services. If a
patient elects to receive the services, the patient must receive the services
from any eligible physician and pharmacist acting as a pharmaceutical case
management (PCM) team. Usually these will be the patient’s primary
physician and pharmacist.
Physicians and pharmacists shall meet specific criteria to
provide pharmaceutical case management services. Both physicians and
pharmacists shall complete an Iowa Medi–caid provider agreement, have an
Iowa Medicaid provider number, and receive training under the direction of the
Department regarding the provision of pharmaceutical case management services
under the Iowa Medicaid program.
Physicians shall be licensed to practice medicine.
Pharmacists shall present to the Department evidence of competency including
state licensure, submit five acceptable patient care plans, and have
successfully completed professional training on patient–oriented,
medication–related problem prevention and resolution. Pharmacists shall
also maintain problem–oriented patient records, provide a private patient
consultation area, and submit a statement indicating that the submitted patient
care plans are representative of their usual patient care plans.
The Seventy–eighth General Assembly appropriated
$414,000 to provide these services and study the impact of the services on
improving patients’ drug therapy outcomes. The legislation provides for
an independent evaluation of the services to be conducted by the University of
Iowa College of Public Health at no cost to the state. The University is to
submit a final report on the findings of the evaluation by December 15, 2002.
The Department of Human Services is to submit a progress report on these
services by December 15, 2001, and a final report by December 15, 2002.
Following submission of the final reports, the Department will reevaluate the
rules with input from the Iowa Medical Society and the Iowa Pharmacy
Association.
The overall purpose of the study is to determine whether
reimbursed pharmaceutical care results in better care proc–esses and
outcomes and is more cost–effective than nonreimbursed traditional
pharmacist care.
These amendments do not provide for waiver in specified
situations because the General Assembly directed the Department to implement
this change, with no provision for exceptions; and they confer a benefit by
providing a new Medicaid service.
Consideration will be given to all written data, views, and
arguments thereto received by the Office of Policy Analysis, Department of Human
Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or
before August 16, 2000.
These amendments are intended to implement Iowa Code section
249A.5 and 2000 Iowa Acts, Senate File 2435, section 9.
The following amendments are proposed.
ITEM 1. Amend 441—Chapter 78 by
adopting the following new rule:
441—78.47(249A) Pharmaceutical case management
services. Payment will be approved for pharmaceutical case management
services provided by an eligible physician and pharmacist for Medicaid
recipients determined to be at high risk for medication–related problems.
These services are designed to identify, prevent, and resolve
medication–related problems and improve drug therapy outcomes.
78.47(1) Medicaid recipient eligibility. Patients are
eligible for pharmaceutical case management services if they have active
prescriptions for four or more regularly scheduled nontopical medications, are
ambulatory, do not reside in a nursing facility, and have at least one of the
eligible disease states of congestive heart disease, ischemic heart disease,
diabetes mellitus, hypertension, hyperlipidemia, asthma, depression, atrial
fibrillation, osteoarthritis, gastroesophageal reflux, or chronic obstructive
pulmonary disease.
78.47(2) Provider eligibility. Physicians and
pharmacists shall meet the following criteria to provide pharmaceutical case
management services.
a. Both physicians and pharmacists shall complete an Iowa
Medicaid provider agreement, have an Iowa Medicaid provider number, and receive
training under the direction of the department regarding the provision of
pharmaceutical case management services under the Iowa Medicaid
program.
A copy of pharmaceutical case management records, including
documentation of services provided, shall be maintained on file in each
provider’s facility and be made available for audit by the department on
request.
b. Physicians shall be licensed to practice
medicine.
c. Pharmacists shall present to the department evidence of
competency including state licensure, submit five acceptable patient care plans,
and have successfully completed professional training on patient–oriented,
medication–related problem prevention and resolution. Pharmacists shall
also maintain problem–oriented patient records, provide a private patient
consultation area, and submit a statement indicating that the submitted patient
care plans are representative of their usual patient care plans.
Acceptable professional training programs are:
(1) A doctor of pharmacy degree program.
(2) The Iowa Center for Pharmaceutical Care (ICPC) training
program, which is a cooperative training initiative of the University of Iowa
College of Pharmacy, Drake University College of Pharmacy and Health Sciences,
and the Iowa Pharmacy Foundation.
(3) Other programs containing similar coursework and
supplemental practice site evaluation and reengineering, approved by the
department with input from a peer review advisory committee.
78.47(3) Services. Eligible patients may choose
whether to receive the services. If patients elect to receive the services,
they must receive the services from any eligible physician and pharmacist acting
as a pharmaceutical case management (PCM) team. Usually these will be the
patient’s primary physician and pharmacist. Pharmaceutical case
management services are to be value–added services complementary to the
basic medical services provided by the primary physician and
pharmacist.
The PCM team shall provide the following services:
a. Initial assessment. The initial assessment shall consist
of:
(1) A patient evaluation by the pharmacist,
including:
1. Medication history;
2. Assessment of indications, effectiveness, safety, and
compliance of medication therapy;
3. Assessment for the presence of untreated illness;
and
4. Identification of medication–related problems such as
unnecessary medication therapy, suboptimal medication selection, inappropriate
compliance, adverse drug reactions, and need for additional medication
therapy.
(2) A written report and recommendation from the pharmacist to
the physician.
(3) A patient care action plan developed by the PCM team with
the patient’s agreement and implemented by the PCM team. Specific
components of the action plan will vary based on patient needs and conditions
but may include changes in medication regimen, focused patient or caregiver
education, periodic assessment for changes in the patient’s condition,
periodic monitoring of the effectiveness of medication therapy,
self–management training, provision ofpatient–specific educational
and informational materials, compliance enhancement, and reinforcement of
healthy lifestyles. An action plan must be completed for each initial
assessment.
b. New problem assessments. These assessments are initiated
when a new medication–related problem is identified. The action plan is
modified and new components are implemented to address the new problem. This
assessment may occur in the interim between scheduled follow–up
assessments.
c. Problem follow–up assessments. These assessments are
based on patient need and a problem identified by a prior assessment. The
patient’s status is evaluated at an appropriate interval. The
effectiveness of the implemented action plan is determined and modifications are
made as needed.
d. Preventive follow–up assessments. These assessments
occur approximately every six months when no current medication–related
problems have been identified in prior assessments. The patient is reassessed
for newly developed medication–related problems and the action plan is
reviewed.
ITEM 2. Amend rule 441—79.1(249A)
as follows:
Amend subrule 79.1(2) by adopting the following
new provider category in alphabetical order:
Provider category
|
Basis of reimbursement
|
Upper limit
|
Pharmaceutical case management
|
Fee schedule
See 79.1(18)
|
Refer to 79.1(18)
|
Adopt the following new subrule:
79.1(18) Pharmaceutical case management services
reimbursement. Pharmacist and physician pharmaceutical case management (PCM)
team members shall be equally reimbursed for participation in each of the four
services described in rule 441—78.47(249A). The following table contains
the amount each team member shall be reimbursed for the services provided and
the maximum number of payments for each type of assessment. Payment for
services beyond the maximum number of payments shall be considered on an
individual basis after peer review of submitted documentation of medical
necessity.
Service
|
Payment amount
|
Number of payments
|
Initial assessment
|
$75
|
One per patient
|
New problem assessment
|
$40
|
Two per patient per 12 months
|
Problem follow–up assessment
|
$40
|
Four per patient per 12 months
|
Preventative follow–up assessment
|
$25
|
One per patient per 6 months
|
ARC 9992A
HUMAN SERVICES
DEPARTMENT[441]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 234.6, 238.16,
and 600.7A, the Department of Human Services proposes to amend Chapter 108,
“Licensing and Regulation of Child–Placing Agencies,” Chapter
200, “Adoption Services,” and Chapter 202, “Foster Care
Services,” appearing in the Iowa Administrative Code.
These amendments revise licensing requirements for
child–placing agencies providing foster care and adoptive services and
revise policies governing foster care and adoptive placements made through the
Department. They clarify policies that were adopted in 1996 to comply with the
Multi–ethnic Placement Act of 1994, which prohibits states from having a
placement policy that gives priority to race or ethnicity matches.
The Department has received an interpretation of this law and
Section 1808 of Public Law 104–188, the Small Business Job Protection Act
of 1996, which contains interethnic adoption provisions, from the federal Office
of Civil Rights. This interpretation emphasizes that in order to avoid misuse
and a generalized racial or ethnic screen, agency assessments cannot routinely
include consideration of the race or ethnicity of the prospective foster or
adoptive parents.
The Department’s previous policies indicated that these
factors could be considered, along with other factors, in determining whether
placement with a particular family was in a child’s best interests. The
federal interpretation holds that these factors may never be considered unless
there are special circumstances dictating that consideration is warranted.
Failure to comply with the statutory requirement could result
in the reduction of federal funds for the foster care and adoption assistance
programs.
These amendments do not provide for waivers in specified
situations because the federal statute does not allow for exceptions.
Consideration will be given to all written data, views, and
arguments received by the Office of Policy Analysis, Department of Human
Services, 1305 East Walnut Street, Des Moines, Iowa 50319–0114, on or
before August 16, 2000.
These amendments are intended to implement Iowa Code chapters
238 and 600 and Iowa Code section 234.6(6)“b.”
The following amendments are proposed.
ITEM 1. Amend subrule 108.7(5) as
follows:
108.7(5) Consideration of racial and cultural
identity. Placing a child with a family of the same ethnic, racial, and
cultural background may be considered in conjunction with other factors relevant
to the child’s best interest. Race, color, or national origin
may not be routinely considered in placement selections.
ITEM 2. Amend subrule 108.9(7) as
follows:
108.9(7) Ethnic Racial and
cultural background. Placing a child with a family of the same
ethnic, racial, and cultural background may be considered in conjunction with
other factors relevant to the child’s best interest. Race,
color, or national origin may not be routinely considered in placement
selections.
ITEM 3. Adopt new paragraph
200.4(3)“b” as follows:
b. Race, color, or national origin may not be routinely
considered in placement selections.
ITEM 4. Amend subrule 202.4(1) as
follows:
202.4(1) Placement consistent with the best interests
and special needs of the child shall be made in the least restrictive, most
family–like facility available and in close proximity to the child’s
home. Race, color, or national origin may not be routinely considered in
placement selections.
ARC 0002B
INSPECTIONS AND APPEALS
DEPARTMENT[481]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 10A.104(5), the
Department of Inspections and Appeals hereby gives Notice of Intended Action to
amend Chapter 1, “Administration,” Iowa Administrative Code.
The proposed amendments are intended to implement 2000 Iowa
Acts, Senate File 2390, and relate to the duties and functions of the
Department’s Investigations, Inspections and Health Facilities Divisions.
The Department of Inspections and Appeals (DIA) was created in 1986 as part of
the State Government Reorganization when portions of 15 other state agencies
were transferred to DIA. Shortly after DIA was created, the Department’s
first Director used the authority granted to him in Iowa Code section 10A.106 to
reallocate all health care facility functions into a single division. These
amendments will formally recognize the Department’s structure along the
same lines as the appropriations process. Duties formally assigned to the
Inspections and Investigations Divisions will be reassigned to the already
existing Health Facilities Division. In addition, pursuant to Iowa Code chapter
99B, licensing procedures related to social and charitable gambling are now
defined within the Department’s Inspections Division.
Interested persons may make written comments or suggestions on
the proposed amendments on or beforeAugust 15, 2000. Written materials should
be addressed to the Director, Department of Inspections and Appeals, Lucas State
Office Building, East 12th and Grand Avenue, Des Moines, Iowa 50319–0083;
or faxed to (515)242–6863.E–mail may be sent to
jkomos@dia.state.ia.us.
A waiver provision has not been included in the proposed
amendments. A waiver provision is not applicable to Chapter 1,
“Organization,” because the chapter details the purpose, duties and
organizational structure of the Department.
These amendments are intended to implement 2000 Iowa Acts,
Senate File 2390.
The following amendments are proposed.
ITEM 1. Amend rule 481—1.4(10A) as
follows:
481—1.4(10A) Investigations division. This
division conducts investigations including but not limited to the
following:
1. Investigations relative to the practice of regulated
professions and occupations, except those within the jurisdiction of the board
of medical examiners, the board of pharmacy examiners, the board of dental
examiners, and the board of nursing.
2. Investigations relative to proposed sales within the state
of subdivided land situated outside of the state.
3. Investigations relative to applications for beer and liquor
licenses.
4. Investigations relative to the standards and
practices of hospitals, hospices, and health care facilities.
5 4. Investigations relative to the
liquidation of overpayment debts owed to the department of human
services.
6 5. Investigations relative to the
operations of the department of elder affairs.
7 6. Investigations relative to the
administration of the state supplemental assistance program, the state medical
assistance program, the food stamp program, and the aid to dependent children
program.
8 7. Investigations relative to the
internal affairs and operations of agencies and departments within the executive
branch of state government, except for institutions governed by the state board
of regents.
ITEM 2. Amend rule 481—1.5(10A) as
follows:
481—1.5(10A) Inspections division. This
division conducts inspections including but not limited to the
following:
1. Land situated outside of the state which is
proposed for sale within the state. Licensing procedures related to
social and charitable gambling pursuant to Iowa Code chapter 99B.
2. Food establishments, including groceries, restaurants,
hotels, food and beverage vending machines, state educational or charitable
institutions for licensing determination, and sanitation inspections in any
locality of the state upon the written petition of five or more residents of a
particular locality. Correctional and penal institutions are also inspected for
sanitary conditions.
3. Licensing procedures relative to the hospice
program, hospitals, and health care facilities. The division shall be the sole
designated licensing authority for these programs and
facilities.
4. Hospital and health care facility construction
projects and licensing boards established within the department of public
health, except the board of medical examiners, the board of pharmacy examiners,
the board of dental examiners, and the board of nursing.
5. Child foster care facilities and private
institutions for the care of dependent, neglected, and delinquent
children.
ITEM 3. Adopt the following
new rule:
481—1.12(10A) Health facilities division. This
division conducts inspections and investigations including but not limited to
the following:
1. Investigations relative to the standards and practices of
hospitals, hospices, and health care facilities.
2. Inspections and other licensing procedures relative to the
hospice program, hospitals, and health care facilities. The division shall be
the sole designated licensing authority for these programs and
facilities.
3. Inspections relative to hospital and health care facility
construction projects.
4. Inspections of child foster care facilities and private
institutions for the care of dependent, neglected, and delinquent
children.
ITEM 4. Amend 481—Chapter
1, implementation clause, as follows:
These rules are intended to implement Iowa Code sections
10A.104, 10A.106, and 17A.3(1), paragraph
“a.,” and Iowa Code Supplement section
10A.106 as amended by 2000 Iowa Acts, Senate File 2390, section 2.
ARC 9999A
PROFESSIONAL LICENSURE
DIVISION[645]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the
Board of Examiners for Nursing Home Administrators hereby gives Notice of
Intended Action to amend Chapter 141, “Licensure of Nursing Home
Administrators,” and to rescind Chapter 143, “Continuing
Education,” Iowa Administrative Code, and adopt a new Chapter 143 with the
same title.
The proposed amendments rescind the current chapter on
continuing education, adopt a new chapter on the same subject and renumber the
rules regarding grounds for discipline.
Any interested person may make written comments on the
proposed amendments no later than August 15, 2000, addressed to Rosalie Steele,
Professional Licensure Division, Department of Public Health, Lucas State
Office Building, Des Moines, Iowa 50319–0075.
The Division revised these rules according to Executive Order
Number 8. The Division sent letters to the public for comment and seven letters
were received in return. Division staff also had input on these rules. The
comments received were discussed by the Board and decisions were based on need,
clarity, intent and statutory authority, cost and fairness.
A public hearing will be held on August 15, 2000, from9 to 11
a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at
which time persons may pre–sent their views either orally or in writing.
At the hearing, persons will be asked to give their names and addresses for the
record and to confine their remarks to the subject of the proposed
amendments.
These amendments are intended to implement Iowa Code section
147.76 and chapter 272C.
The following amendments are proposed.
ITEM 1. Rescind rule
645—141.10(155) and renumber rule 645—141.12(147,155,272C)
as 645—141.10(147, 155,272C).
ITEM 2. Rescind 645—Chapter
143 and adopt the following new chapter in lieu
thereof:
CHAPTER 143
CONTINUING EDUCATION FOR
NURSING HOME
ADMINISTRATION
645—143.1(272C) Definitions. For the purpose of
these rules, the following definitions shall apply:
“Active license” means the license of a person who
is acting, practicing, functioning, and working in compliance with license
requirements.
“Administrator” means the administrator of the
board of examiners for nursing home administrators.
“Approved program/activity” means a continuing
education program/activity meeting the standards set forth in these rules, which
has received advance approval by the board pursuant to these rules.
“Approved sponsor” means a person or an
organization sponsoring continuing education activities that has been approved
by the board as a sponsor pursuant to these rules. During the time an
organization, educational institution, or person is an approved sponsor, all
continuing education activities of such organization, educational institution,
or person may be deemed automatically approved.
“Audit” means the selection of licensees
for verification of satisfactory completion of continuing education requirements
during a specified time period or the selection of providers for verification of
adherence to continuing education provider requirements during a specified time
period.
“Board” means the board of examiners for nursing
home administrators.
“Continuing education” means planned, organized
learning acts designed to maintain, improve, or expand a licen–see’s
knowledge and skills in order for the licensee to develop new knowledge and
skills relevant to the enhancement of practice, education, or theory development
to improve the safety and welfare of the public.
“Hour of continuing education” means a clock hour
spent by a licensee in actual attendance at and completion of an approved
continuing education activity.
“Inactive license” means the license of a person
who is not in practice in the state of Iowa.
“Lapsed license” means a license that a person has
failed to renew as required, or the license of a person who failed to meet
stated obligations for renewal within a stated time.
“License” means license to practice.
“Licensee” means any person licensed to
practice as a nursing home administrator in the state of Iowa.
“National Continuing Education Review Service
(NCERS)” means the continuing education review service operated by the
National Association of Boards of Examiners for Nursing Home Administrators,
#200, 808 17th Street NW, Washington, DC 20006.
645—143.2(272C) Continuing education
requirements.
143.2(1) The biennial continuing education compliance
period shall extend for a two–year period beginning on January 1 of each
even–numbered year and ending on December 31 of the next
odd–numbered year. Each biennium, each person who is licensed to practice
as a licensee in this state shall be required to complete a minimum of 40 hours
of continuing education approved by the board.
143.2(2) Requirements of new licensees. Those persons
licensed for the first time shall not be required to complete continuing
education as a prerequisite for the first renewal of their licenses. Continuing
education hours acquired anytime from the initial licensing until the second
license renewal may be used. The new licensee will be required to complete a
minimum of 40 hours of continuing education per biennium for each subsequent
license renewal.
143.2(3) Hours of continuing education credit may be
obtained by attending and participating in a continuing education activity.
These hours must be approved by the board or otherwise meet the requirements
herein pursuant to statutory provisions and the rules that implement
them.
143.2(4) No hours of continuing education shall be
carried over into the next biennium except as stated for the second
renewal.
143.2(5) It is the responsibility of each licensee to
finance the cost of continuing education.
645—143.3(272C) Standards for
approval.
143.3(1) General criteria. A continuing education
activity which meets all of the following criteria is appropriate for continuing
education credit if it is determined by the board that the continuing education
activity:
a. Constitutes an organized program of learning which
contributes directly to the professional competency of the licensee;
b. Pertains to subject matters which integrally relate to the
practice of the profession;
c. Is conducted by individuals who have specialized education,
training and experience by reason of which said individuals should be considered
qualified concerning the subject matter of the program. The application must be
accompanied by a paper, manual or outline which substantively pertains to the
subject matter of the program and reflects program schedule, goals and
objectives. The board may request the qualifications of presenters;
d. Fulfills stated program goals, objectives, or both;
and
e. Provides proof of attendance to licensees in attendance
including:
(1) Date(s), location, course title, presenter(s);
(2) Number of program contact hours. (One contact hour
usually equals one hour of continuing education credit.); and
(3) Official signature or verification by program
sponsor.
143.3(2) Specific criteria. Licensees may obtain
continuing education hours of credit by:
a. Participating in the continuing education programs approved
by the National Continuing Education Review Service (NCERS).
b. Academic coursework that meets the criteria set forth in
these rules. Continuing education credit equivalents are as follows:
1 academic semester hour = 15 continuing education
hours
1 academic quarter hour = 10 continuing education
hours
c. Attendance at or participation in a program or course which
is offered or sponsored by an approved continuing education sponsor.
d. Making presentations; conducting research; producing
publications; preparing new courses; participating in home study courses;
attending electronically transmitted courses; and attending workshops,
conferences, or symposiums approved by the board.
e. Self–study coursework that meets the criteria set
forth in these rules. Continuing education credit equivalent for
self–study is as follows:
180 minutes of self–study work = 1 continuing education
hour
The maximum number of hours for self–study, including
television viewing, video or sound–recorded programs, correspondence work,
or research, or by other similar means which is not directly sponsored by and
supervised by an accredited postsecondary college or university or an approved
provider, is 8 hours.
645—143.4(272C) Approval of sponsors, programs, and
activities for continuing education.
143.4(1) Approval of sponsors. An applicant
who desires approval as a sponsor of courses, programs, or other continuing
education activities shall, unless exempted elsewhere in these rules, apply for
approval to the board on the form designated by the board stating the
applicant’s educational history for the preceding two years or proposed
plan for the next two years.
a. The form shall include the following:
(1) Date(s), location, course title(s) offered and outline of
content;
(2) Total hours of instruction to be presented;
(3) Names and qualifications of instructors including
résumés or vitae; and
(4) Evaluation form(s).
b. Records shall be retained by the sponsor for four
years.
c. Attendance record report. The person or organization
sponsoring an approved continuing education activity shall provide a certificate
of attendance to the licensee providing the following information:
(1) Program date(s);
(2) Course title and presenter;
(3) Location;
(4) Number of clock hours attended and continuing education
hours earned;
(5) Name of sponsor and sponsor number (if
applicable);
(6) Licensee’s name; and
(7) Method of presentation.
d. All approved sponsors shall maintain a copy of the
following:
(1) The continuing education activity;
(2) List of enrolled licensee’s names and license
numbers; and
(3) Number of continuing education clock hours awarded for a
minimum of four years from the date of the continuing education
activity.
The sponsor shall submit a report of all continuing education
programs conducted in the previous year during the assigned month for reporting
designated by the board. The report shall also include a summary of the
evaluations completed by the licensees.
143.4(2) Prior approval of programs/activities.
An organization or person other than an approved sponsor that desires prior
approval of a course, program or other educational activity or that desires to
establish approval of such activity prior to attendance shall apply for approval
to the board on a form provided by the board at least 60 days in advance of the
commencement of the activity. The board shall approve or deny such application
in writing within 30 days of receipt of such application. The application shall
state:
a. The date(s);
b. Course(s) offered;
c. Course outline;
d. Total hours of instruction; and
e. Names and qualifications of speakers and other pertinent
information.
The organization or person shall be notified of approval or
denial by ordinary mail.
143.4(3) Review of programs. Continuing
educationprograms/activities shall be reported every year at the designated time
as assigned by the board. The board may at any time reevaluate an approved
sponsor. If, after reevaluation, the board finds there is cause for revocation
of the approval of an approved sponsor, the board shall give notice of the
revocation to that sponsor by certified mail. The sponsor shall have the right
to hearing regarding the revocation. The request for hearing must be sent
within 20 days after the receipt of the notice of revocation. The hearing shall
be held within 90 days after the receipt of the request for hearing. The board
shall give notice by certified mail to the sponsor of the date set for the
hearing at least 30 days prior to the hearing. The board shall conduct the
hearing in compliance with rule 645—11.9(17A).
143.4(4) Postapproval of activities. A licensee
seeking credit for attendance and participation in an educational activity which
was not conducted by an approved sponsor or otherwise approved shall submit to
the board, within 60 days after completion of such activity, the
following:
a. The date(s);
b. Course(s) offered;
c. Course outline;
d. Total hours of instruction and credit hours
requested;
e. Names and qualifications of speakers and other pertinent
information;
f. Request for credit which includes a brief summary of the
activity; and
g. Certificate of attendance or verification.
Within 90 days after receipt of such application, the board
shall advise the licensee in writing by ordinary mail whether the activity is
approved and the number of hours allowed. A licensee not complying with the
requirements of this subrule may be denied credit for such activity.
143.4(5) Voluntary relinquishment. The approved
sponsor may voluntarily relinquish sponsorship by notifying the board office in
writing.
645—143.5(272C) Reporting continuing education
bylicensee. At the time of license renewal, each licensee shall be required
to submit a report on continuing education to the board on a
board–approved form.
143.5(1) The information on the form shall
include:
a. Title of continuing education activity;
b. Date(s);
c. Sponsor of the activity;
d. Board–approved sponsor number;
e. Number of continuing education hours earned; and
f. Teaching method used.
143.5(2) Audit of continuing education report. After
each educational biennium, the board will audit a percentage of the continuing
education reports before granting the renewal of licenses to those being
audited.
a. The board will select licensees to be audited.
b. The licensee shall make available to the board for auditing
purposes a certificate of attendance or verification for all reported activities
that includes the following information:
(1) Date, location, course title, schedule (brochure,
pamphlet, program, presenter(s)), and method of presentation;
(2) Number of contact hours for program attended;
and
(3) Certificate of attendance or verification indicating
successful completion of the course.
c. For auditing purposes, the licensee must retain the above
information for two years after the biennium has end–ed.
d. Submission of a false report of continuing education or
failure to meet continuing education requirements may cause the license to lapse
and may result in formal disciplinary action.
e. All renewal license applications that are submitted late
(after the end of the compliance period) may be subject to audit of the
continuing education report.
f. Failure to receive the renewal application shall not
relieve the licensee of the responsibility of meeting continuing education
requirements and submitting the renewal fee by the end of the compliance
period.
645—143.6(272C) Reinstatement of lapsed license.
Failure of the licensee to renew within 30 days after expiration date shall
cause the license to lapse. A person who allows the license to lapse cannot
engage in practice in Iowa without first complying with all regulations
governing reinstatement as outlined in the board rules. A person who allows the
license to lapse must apply to the board for reinstatement of the license.
Reinstatement of the lapsed license may be granted by the board if the
applicant:
1. Submits a written application for reinstatement to the
board;
2. Pays all of the renewal fees then due;
3. Pays all penalty fees which have been assessed by the board
for failure to renew;
4. Pays reinstatement fee; and
5. Provides evidence of satisfactory completion of continuing
education requirements during the period since the license lapsed. The total
number of continuing education hours required for license reinstatement is
40.
6. In addition to fees and penalties, any administrator who
fails to renew a license within 90 days following the expiration of a current
license may be required to meet with the board and, if through the interview
process the board finds reasonable doubt that the licensee displays knowledge of
the domains of practice, as listed on the national examination, the board may
require the administrator to successfully complete any or all of the minimum
qualifications for licensure as listed in the rules before the license shall be
renewed.
645—143.7(272C) Continuing education waiver for
active practitioners. A nursing home administrator licensed to practice
nursing home administration shall be deemed to have complied with the continuing
education requirements of this state during the period that the licensee serves
honorably on active duty in the military services or as a government employee
outside the United States as a practicing nursing home administrator.
645—143.8(272C) Continuing education waiver for
inactive practitioners. A licensee who is not engaged in practice in the
state of Iowa may be granted a waiver of continuing education compliance and
obtain a certificate of waiver upon written application to the board. The
application shall contain a statement that the applicant will not engage in
practice in Iowa without first complying with all regulations governing
reinstatement after waiver. The application for a certificate of waiver shall
be submitted upon forms provided by the board.
645—143.9(272C) Continuing education waiver for
disability or illness. The board may, in individual cases involving
disability or illness, grant waivers of the minimum education requirements or
extension of time within which to fulfill the same or make the required reports.
No waiver or extension of time shall be granted unless written application
therefor is made on forms provided by the board and signed by the licensee and
appropriate licensed health care practitioners. The board may grant waiver of
the minimum educational requirements for any period of time not to exceed one
calendar year from the onset of disability or illness. In the event that the
disability or illness upon which a waiver has been granted continues beyond the
period of waiver, the licensee must reapply for an extension of the waiver. The
board may, as a condition of any waiver granted, require the applicant to make
up a certain portion or all of the minimum educational requirements waived by
such methods as may be prescribed by the board.
645—143.10(272C) Reinstatement of inactive
practitioners. Inactive practitioners who have been granted a waiver of
compliance with these rules and obtained a certificate of waiver shall, prior to
engaging in the practice of nursing home administration in the state of Iowa,
satisfy the following requirements for reinstatement.
143.10(1) Submit written application for reinstatement
to the board upon forms provided by the board;
143.10(2) Submit payment of the current renewal
fee;
143.10(3) Submit payment of the reinstatement fee;
and
143.10(4) Furnish in the application evidence of one
of the following:
a. Full–time practice in another state of the United
States or the District of Columbia and completion of continuing education for
each biennium of inactive status substantially equivalent in the opinion of the
board to that required under these rules; or
b. Completion of 40 hours of approved continuing
education.
645—143.11(272C) Hearings. In the event of
denial, in whole or part, of any application for approval of a continuing
education program or credit for continuing education activity, the applicant,
licensee or program provider shall have the right within 20 days after the
sending of the notification of denial by ordinary mail to request a hearing
which shall be held within 90 days after receipt of the request for hearing.
The hearing shall be conducted by the board or an administrative law judge
designated by the board, in substantial compliance with the hearing procedure
set forth in rule 645—11.9(17A).
These rules are intended to implement Iowa Code section 272C.2
and chapter 155.
ARC 9998A
PROFESSIONAL LICENSURE
DIVISION[645]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the
Board of Physical and Occupational Therapy Examiners hereby gives Notice of
Intended Action to amend Chapter 200, “Physical Therapy Examiners,”
and Chapter 202, “Physical Therapist Assistants,” and adopt new
Chapter 203, “Continuing Education for Physical Therapists and Physical
Therapist Assistants,” Iowa Administrative Code.
The proposed amendments rescind the current continuing
education rules; adopt a new chapter for continuing education; renumber the
rules regarding grounds for discipline and supervision requirements; and amend
cross references to rules.
Any interested person may make written comments on the
proposed amendments no later than August 15, 2000, addressed to Rosalie Steele,
Professional Licensure Division, Department of Public Health, Lucas State Office
Building, Des Moines, Iowa 50319–0075.
The Division sent letters to the public for comment, and
eleven letters were received in return. Division staff also had input on these
rules. The comments received were discussed by the Board, and decisions were
based on need, clarity, intent and statutory authority, cost and
fairness.
A public hearing will be held on August 15, 2000, from9 to 11
a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at
which time persons may pre–sent their views either orally or in writing.
At the hearing, persons will be asked to give their names and addresses for the
record and to confine their remarks to the subject of the proposed
amendments.
These amendments are intended to implement Iowa Code section
147.76 and chapter 272C.
The following amendments are proposed.
ITEM 1. Amend subparagraph
200.3(1)“b”(1) as follows:
(1) An English translation and an equivalency evaluation of
their educational credentials by one of the following: Foreign Credentialing
Commission on Physical Therapy, Inc., P.O. Box 25827, Alexandria, VA
22313–9998, telephone (703)684–8406; International Educational
Research Foun–dations, Inc., Credentials Evaluation Service, P.O. Box
66940, Los Angeles, CA 90066, telephone (310)390–6276; International
Consultants of Delaware, Inc., 109 Barksdale, Professional Center, Newark, DE
19711, telephone (302) 737–8715; International Credentialing Associates,
Inc., One Progress Plaza, Suite 810, St. Petersburg, FL 33701, telephone
(813)821–8852 7245 Bryan Dairy Road, Bryan Dairy Business Park
II, Largo, FL 33777, telephone (727) 549–8555. The professional
curriculum must be equivalent to the Commission of Accreditation in Physical
Therapy Education standards and shall consist of a minimum of 60 hours of
general education and 60 hours of professional education. An applicant shall
bear the expense of the curriculum evaluation.
ITEM 2. Amend subrule 200.5(2) as
follows:
200.5(2) Beginning July 1, 1999, the continuing
education requirements will coincide with the renewal compliance period. The
licensee shall submit to the board office 30 days before licensure expiration
the application and continuing education report form with the renewal fee as
specified in rule 200.9(147). Individuals who were issued their initial
licenses within six months of their birth month will not be required to renew
their licenses until the fifteenth day of their birth month two years later.
The new licensee is exempt from meeting the continuing education requirement for
the continuing education biennium in which the license is originally issued.
Individuals will be required to report 40 hours of continuing education for
the first renewal and every renewal thereafter.
ITEM 3. Amend subrule 200.9(1) as
follows:
200.9(1) The application fee for a license to practice
physical therapy issued upon the basis of examination or endorsement is $100 in
check or money order made payable to the Board of Physical and Occupational
Therapy Examiners. There is an additional fee for the examination. The fee for
the examination is listed on the application form and should be included
in the check with the application fee.
ITEM 4. Rescind subrule 200.9(2) and
adopt new subrule 200.9(2) as follows:
200.9(2) The renewal fee for a license to practice
physical therapy for a biennial period is $55.
ITEM 5. Rescind rule
645—200.10(272C) and renumber rule 645—200.23(272C)
as 645—200.10(272C).
ITEM 6. Amend renumbered rule
645—200.10(272C), introductory paragraph, as follows:
645—200.10(272C) Grounds for discipline. The
board may impose any of the disciplinary sanctions set forth in rule
645—13.3(272C), these rules, including civil penalties in
an amount not to exceed $1,000, when the board determines that the licensee is
guilty of any of the following acts or offenses.
ITEM 7. Amend renumbered subparagraph
200.10(7) “c”(7) as follows:
(7) Appropriately supervising individuals as described in rule
200.24(272C) 200.11(272C).
ITEM 8. Amend renumbered subrule
200.10(8) as follows:
200.10(8) Failure to adequately supervise personnel in
accordance with the standards for supervision set forth in rule
200.24(272C) 200.11(272C).
ITEM 9. Amend renumbered subrule
200.10(15) as follows:
200.10(15) Failure to report to the board as provided
in Iowa Code section 272C.9 any violation by a physical therapist assistant of
the reasons for disciplinary action as listed in rule
645—202.20(272C) Chapter 13.
ITEM 10. Rescind rule
645—200.11(272C) and renumber rule 645—200.24(272C)
as 645—200.11(272C).
ITEM 11. Amend renumbered subrule
200.11(1) as follows:
200.11(1) Licensed physical therapist assistants may
assist in providing physical therapy services under immediate telecommunicative
supervision as long as the physical therapy services are rendered in accordance
with the minimal frequency standards set forth in subrule
200.24(4) 200.11(4).
ITEM 12. Amend renumbered subrule
200.11(2) as follows:
200.11(2) Licensed physical therapist assistants may
assist in providing physical therapy services as long as supervision and the
physical therapy services are rendered in accordance with the minimal frequency
standards set forth in subrule 200.24(4)
200.11(4).
ITEM 13. Rescind and reserve rules
645—200.12(272C) to 645—200.15(272C).
ITEM 14. Amend subrule 202.6(2) as
follows:
202.6(2) Beginning July 1, 1999, the continuing
education requirements will coincide with the renewal compliance period. The
licensee shall submit to the board office, 30 days before licensure expiration,
the application and continuing education report form with the renewal fee as
specified in 200.10(147) 200.7(147). Individuals who
were issued their initial licenses within six months of their birth month will
not be required to renew their licenses until the fifteenth day of their birth
month two years later. The new licensee is exempt from meeting the continuing
education requirement for the continuing education biennium in which the license
is originally issued. Individuals will be required to report 20 hours of
continuing education for the first renewal and every renewal
thereafter.
ITEM 15. Rescind rule
645—202.7(147) and renumber rule 645—202.10(147) as
645—202.7(147).
ITEM 16. Amend renumbered subrule
202.7(1) as follows:
202.7(1) The application fee for a license to practice
as a physical therapist assistant issued upon the basis of examination or
endorsement is $90 in check or money order made payable to the Board of Physical
and Occupational Therapy Examiners. There is an additional fee for the
examination. The fee for the examination is listed on the application
form and should be included in the check with the application
fee.
ITEM 17. Rescind renumbered subrule
202.7(2) and adopt new subrule 202.7(2) as
follows:
202.7(2) The renewal fee for a license to practice
physical therapy for a biennial period is $45.
ITEM 18. Rescind rule
645—202.8(147) and renumber rule 645—202.23(272C) as
645—202.8(272C).
ITEM 19. Amend renumbered rule
645—202.8(272C), introductory paragraph, as follows:
645—202.8(272C) Grounds for discipline. The
board may impose any of the disciplinary sanctions set forth in rule
645—13.1(272C), these rules, including civil penalties in
an amount not to exceed $1,000, when the board determines that the licensee is
guilty of any of the following acts or offenses.
ITEM 20. Amend renumbered paragraph
202.8(7)“h” as follows:
h. The physical therapist assistant shall work only when
supervised by a physical therapist and in accordance with rule
645—200.24(272C) 200.11(272C). If the available
supervision does not meet the standards as set forth in rule
645—200.24(272C) 200.11(272C), the
physical therapist assistant shall refuse to administer treatment.
ITEM 21. Rescind and reserve rules
645—202.9(147) and 645—202.11(272C) to
645—202.13(272C).
ITEM 22. Adopt new
645—Chapter 203 as follows:
CHAPTER 203
CONTINUING EDUCATION FOR PHYSICAL THERAPISTS
AND PHYSICAL THERAPIST ASSISTANTS
645—203.1(272C) Definitions. For the purpose of
these rules, the following definitions shall apply:
“Active license” means the license of a person who
is acting, practicing, functioning, and working in compliance with license
requirements.
“Administrator” means the administrator of the
board of physical and occupational therapy examiners.
“Audit” means the selection of licensees
for verification of satisfactory completion of continuing education requirements
during a specified time period.
“Board” means the board of physical and
occupational therapy examiners.
“Continuing education” means planned, organized
learning acts designed to maintain, improve, or expand a licensee’s
knowledge and skills in order for the licensee to develop new knowledge and
skills relevant to the enhancement of practice, education, or theory development
to improve the safety and welfare of the public.
“Hour of continuing education” means a clock hour
spent by a licensee in actual attendance at and completion of approved
continuing education activity.
“Inactive license” means the license of a person
who is not engaged in practice in the state of Iowa.
“Lapsed license” means a license that a person has
failed to renew as required, or the license of a person who has failed to meet
stated obligations for renewal within a stated time.
“License” means license to practice.
“Licensee” means any person licensed to
practice as a physical therapist or physical therapist assistant in the state of
Iowa.
645—203.2(148A) Continuing education
requirements.
203.2(1) The biennial continuing education compliance
period shall extend for a two–year period that begins on the fifteenth day
of the birth month and ends two years later on the fifteenth day of the birth
month.
a. Requirements for physical therapist licensees. Each
biennium, each person who is licensed to practice as a physical therapist in
this state shall be required to complete a minimum of 40 hours of continuing
education approved by the board.
b. Requirements for physical therapist assistant licensees.
Each biennium, each person who is licensed to practice as a physical therapist
assistant in this state shall be required to complete a minimum of 20 hours of
continuing education approved by the board.
203.2(2) Requirements of new licensees. Those persons
licensed for the first time shall not be required to complete continuing
education as a prerequisite for the first renewal of their licenses. Continuing
education hours acquired anytime from the initial licensing until the second
license renewal may be used. The new licensee will be required to complete a
minimum of 40 hours of continuing education per biennium for physical therapists
and a minimum of 20 hours for physical therapist assistants each subsequent
license renewal.
203.2(3) Reinstated licensees and licensees through
interstate endorsement shall obtain 40 hours of continuing education credit for
physical therapists and 20 hours for physical therapist assistants for renewal
of the license if the license is obtained in the first year of the continuing
education biennium. Reinstated licensees and licensees through interstate
endorsement shall obtain 20 hours for physical therapists and 10 hours for
physical therapist assistants if the license is obtained in the second year of
the continuing education biennium. Reinstated licensees and licensees through
interstate endorsement may use continuing education earned prior to licensure in
Iowa, but within the same continuing education biennium in which they obtained
Iowa licensure, to fulfill this requirement.
203.2(4) Hours of continuing education credit may be
obtained by attending and participating in a continuing education activity.
These hours must meet the requirements herein pursuant to statutory provisions
and the rules that implement them.
203.2(5) No hours of continuing education shall be
carried over into the next biennium.
203.2(6) It is the responsibility of each licensee to
finance the cost of continuing education.
645—203.3(148A) Standards for
approval.
203.3(1) General criteria. A continuing education
activity which meets all of the following criteria is appropriate for continuing
education credit if it is determined by the board that the continuing education
activity:
a. Constitutes an organized program of learning which
contributes directly to the professional competency of the licensee;
b. Pertains to subject matters which integrally relate to the
practice of the profession;
c. Is conducted by individuals who have specialized education,
training and experience by reason of which said individuals should be considered
qualified concerning the subject matter of the program, and is accompanied by a
paper, manual or outline which substantively pertains to the subject matter of
the program and reflects program schedule, goals and objectives. The board may
request the qualifications of presenters;
d. Fulfills stated program goals, objectives, or both;
and
e. Provides proof of attendance to licensees in attendance
including:
(1) Date, location, course title, presenter(s);
(2) Number of program contact hours. (One contact hour
usually equals one hour of continuing education credit.); and
(3) Official signature or verification by program
sponsor.
203.3(2) Specific criteria. Licnesees may obtain
continuing education hours of credit by:
a. Presenting professional programs which meet the criteria
listed in this rule. Two hours of credit will be awarded for each hour of
presentation. A course schedule or brochure must be maintained for
audit.
b. Providing official transcripts indicating successful
completion of academic courses which apply to the field of physical therapy will
be necessary in order to receive the following continuing education
credits:
1 academic semester hour = 15 continuing education hours of
credit
1 academic trimester hour = 12 continuing education hours of
credit
1 academic quarter hour = 10 continuing education hours of
credit
c. Attending workshops, conferences, symposiums or
electronically transmitted, live interactive conferences which relate directly
to the professional competency of the licensee.
d. Authoring research or other activities the results of which
are published in a recognized professional publication. The licensee shall
receive five hours of credit per page.
e. Viewing videotaped presentations if the following criteria
are met:
(1) There is a sponsoring group or agency;
(2) There is a facilitator or program official
present;
(3) The program official may not be the only attendee;
and
(4) The program meets all the criteria specified in this
rule.
f. Participating in home study courses that have a certificate
of completion.
g. Participating in courses that have business–related
topics: marketing, time management, government regulations, and other like
topics.
h. Participating in courses that have personal skills topics:
career burnout, communication skills, human relations, and other like
topics.
i. Participating in courses that have general health topics:
clinical research, CPR, child abuse reporting, and other like topics.
j. Having the following maximums per biennium:
(1) Twenty hours of credit for physical therapists and ten
hours for physical therapist assistants for presenting professional
programs.
(2) Twenty hours of credit for physical therapists and ten
hours for physical therapist assistants for authoring research.
(3) Twenty hours of credit for physical therapists and ten
hours for physical therapist assistants for viewing videotaped presentations and
electronically transmitted material that have a postcourse test.
(4) Twenty hours of credit for physical therapists and ten
hours for physical therapist assistants for business–related topics,
personal skills topics and general health topics.
(5) Twenty hours of credit for physical therapists and ten
hours for physical therapist assistants for home–study courses.
k. Completing per biennium continuing education of a clinical
nature at a minimum of twenty hours for physical therapists and ten hours for
physical therapist assistants.
645—203.4(148A) Reporting continuing education
bylicensee. At the time of license renewal, each licensee shall be required
to submit a report on continuing education to the board on a
board–approved form.
203.4(1) The information on the form shall
include:
a. Title of continuing education activity;
b. Date(s);
c. Sponsor of the activity;
d. Board–approved sponsor number (if applicable);
and
e. Number of continuing education hours earned.
203.4(2) Audit of continuing education report. After
each educational biennium, the board shall audit a percentage of the continuing
education reports before granting the renewal of licenses to those being
audited.
a. The board will select licensees to be audited.
b. The licensee shall make available to the board for auditing
purposes a copy of the certificate of attendance or verification for all
reported activities that includes the following information:
(1) Date, location, course title, schedule (brochure,
pamphlet, program, presenter(s) and applicable credentials), and method of
presentation; and
(2) Number of contact hours for program attended.
c. For auditing purposes, the licensee must retain the above
information for two years after the biennium has end–ed.
d. Submission of a false report of continuing education or
failure to meet continuing education requirements may cause the license to lapse
and may result in formal disciplinary action.
e. All renewal license applications that are submitted late
(after the end of the compliance period) may be subject to an audit of the
continuing education report.
f. Failure to receive the renewal application shall not
relieve the licensee of the responsibility of meeting the continuing education
requirements and submitting the renewal fee by the end of the compliance
period.
645—203.5(148A) Reinstatement of lapsed license.
Failure of the licensee to renew within 30 days after the expiration date shall
cause the license to lapse. A person who allows a license to lapse cannot
engage in practice in Iowa without first complying with all regulations
governing reinstatement as outlined in the board rules. A person who allows the
license to lapse may apply to the board for reinstatement of the license.
Reinstatement of the lapsed license may be granted by the board if the
applicant:
1. Submits a written application for reinstatement to the
board;
2. Pays all of the renewal fees then due;
3. Pays all penalty fees which have been assessed by the board
for failure to renew;
4. Pays the reinstatement fee; and
5. Provides evidence of satisfactory completion of Iowa
continuing education requirements during the period since the license lapsed.
The total number of continuing education hours required for license
reinstatement is computed by multiplying 40 for physical therapist licensees and
20 for physical therapist assistant licensees by the number of bienniums since
the license lapsed. Physical therapist licensees shall have a maximum of 120
continuing education hours, and physical therapist assistants shall have a
maximum of 60 continuing education hours.
6. The applicant shall provide an official statement from each
country, territory and state board of examiners regarding the status of the
applicant’s license, including issue date, expiration date and information
regarding any pending or prior investigations or disciplinary action. The
applicant shall request such statement from all entities in which the applicant
has been licensed since the Iowa license lapsed.
645—203.6(148A,272C) Continuing education waiver for
active practitioners. A physical therapist or physical therapist assistant
licensed to practice physical therapy shall be deemed to have complied with the
continuing education requirements of this state during the period that the
licensee serves honorably on active duty in the military services or as a
government employee outside the United States as a practicing physical therapist
or physical therapist assistant.
645—203.7(148A,272C) Continuing education waiver for
inactive practitioners. A licensee who is not engaged in practice in the
state of Iowa may be granted a waiver of continuing education compliance and
obtain a certificate of waiver upon written application to the board. The
application shall contain a statement that the applicant will not engage in
practice in Iowa without first complying with all regulations governing
reinstatement after waiver. The application for a certificate of waiver shall
be submitted upon forms provided by the board.
645—203.8(148A,272C) Continuing education waiver for
disability or illness. The board may, in individual cases involving
disability or illness, grant waivers of the minimum education requirements or
extension of time within which to fulfill the same or make the required reports.
No waiver or extension of time shall be granted unless written application
therefor is made on forms provided by the board and signed by the licensee and
appropriate licensed health care practitioners. The board may grant a waiver of
the minimum educational requirements for any period of time not to exceed one
calendar year from the onset of disability or illness. In the event that the
disability or illness upon which a waiver has been granted continues beyond the
period of waiver, the licensee must reapply for an extension of the waiver. The
board may, as a condition of any waiver granted, require the applicant to make
up a certain portion or all of the minimum educational requirements waived by
such methods as may be prescribed by the board.
645—203.9(148A,272C) Reinstatement of inactive
practitioners. Inactive practitioners who have been granted a waiver of
compliance with these rules and have obtained a certificate of exemption shall,
prior to engaging in the practice of physical therapy in the state of Iowa,
satisfy the following requirements for reinstatement:
203.9(1) Submit written application for reinstatement
to the board upon forms provided by the board with the current renewal fee and
appropriate reinstatement fee; and
203.9(2) Furnish in the application evidence of one of
the following:
a. Full–time practice in another state of the United
States or the District of Columbia and completion of continuing education for
each biennium of inactive status substantially equivalent in the opinion of the
board to that required under these rules; or
b. Completion of a total number of hours of approved
continuing education computed by multiplying 40 for physical therapist licensees
or 20 for physical therapist assistant licensees by the number of bienniums a
certificate of exemption has been in effect for such applicant for a maximum of
120 hours for physical therapy licensees and a maximum of 60 hours for physical
therapist assistant licensees.
c. Successful completion of the professional examination
required for initial licensure within one year immediately prior to the
submission of such application for reinstatement.
d. An official statement from each country, territory and
state board of examiners regarding the status of the applicant’s license,
including issue date, expiration date and information regarding any pending or
prior investigations or disciplinary action. The applicant shall request such
statement from all entities in which the applicant has been licensed since
putting the Iowa license on inactive status.
645—203.10(272C) Hearings. In the event of
denial, in whole or part, of any application for approval of a continuing
education activity for continuing education credit, the applicant or licensee
shall have the right within 20 days after the sending of the notification of
denial by ordinary mail to request a hearing which shall be held within 90 days
after receipt of the request for hearing. The hearing shall be conducted by the
board or an administrative law judge designated by the board, in substantial
compliance with the hearing procedure set forth in rule
645—11.9(17A).
These rules are intended to implement Iowa Code section 272C.2
and chapter 148A.
ARC 0001B
PROFESSIONAL LICENSURE
DIVISION[645]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the
Board of Physical and Occupational Therapy Examiners hereby gives Notice of
Intended Action to amend Chapter 201, “Occupational Therapy
Examiners,” and adopt new Chapter 207, “Continuing Education for
Occupational Therapists and Occupational Therapy Assistants,” Iowa
Administrative Code.
The proposed amendments rescind the current continuing
education rules; add a new chapter for continuing education; renumber grounds
for discipline, license fees, and supervision requirements; and amend references
to rules that are no longer in use.
Any interested person may make written comments on the
proposed amendments no later than August 15, 2000, addressed to Rosalie Steele,
Professional Licensure Division, Department of Public Health, Lucas State Office
Building, Des Moines, Iowa 50319–0075.
The Division sent letters to the public for comment and nine
letters were received in return. Division staff also had input on these rules.
The comments received were discussed by the Board and decisions were based on
need, clarity, intent and statutory authority, cost and fairness.
A public hearing will be held on August 15, 2000, from1 to 3
p.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at
which time persons may present their views either orally or in writing. At the
hearing, persons will be asked to give their names and addresses for the record
and to confine their remarks to the subject of the proposed
amendments.
These rules are intended to implement Iowa Code section 147.76
and chapter 272C.
The following amendments are proposed.
ITEM 1. Amend rule
645—201.1(148B) by rescinding the definition of
“AOTCB.”
ITEM 2. Amend rule
645—201.1(148B), definition of “examination,” as
follows:
“Examination” means the AOTCB
NBCOT examination for occupational therapists and for occupational
therapy assistants.
ITEM 3. Amend rule
645—201.1(148B) by adopting the following new
definition:
“NBCOT” means the National Board for
Certification in Occupational Therapy.
ITEM 4. Amend subrules 201.4(1)
and 201.4(2) as follows:
201.4(1) The applicant for licensure as an
occupational therapist shall have received a passing score on the NBCOT
certification examination for occupational therapists of the AOTCB
as determined by that board. It is the responsibility of the applicant
to make arrangements to take the examination and have the official results
submitted to the board of physical and occupational therapy examiners.
201.4(2) The applicant for a license as an
occupational therapy assistant shall have received a passing score on the
NBCOT certification examination for occupational therapy assistants
of the AOTCB as determined by that board. It is the
responsibility of the applicant to make arrangements to take the examination and
have the official results submitted to the board of physical and occupational
therapy examiners.
ITEM 5. Amend paragraph
201.5(1)“d” as follows:
d. A notarized copy of the certification examination results
or official letter from AOTCB NBCOT confirming a passing
score.
ITEM 6. Amend subrule 201.7(2) as
follows:
201.7(2) Beginning July 1, 1999, the continuing
education requirements will coincide with the renewal compliance period. The
licensee shall submit to the board office 30 days before licensure expiration
the application and continuing education report form with the renewal fee as
specified in rule 201.12(147) 201.8(147). Individuals
who were issued their initial licenses within six months of their birth month
will not be required to renew their licenses until the fifteenth day of their
birth month two years later. The new licensee is exempt from meeting the
continuing education requirement for the continuing education biennium in which
the license is originally issued. Occupational therapists will be required to
report 30 hours and occupational therapy assistants 15 hours of continuing
education for the first renewal and every renewal
thereafter.
ITEM 7. Rescind rule
645—201.8(147) and renumber 645—201.12(147) as
645—201.8(147).
ITEM 8. Rescind renumbered subrule
201.8(3) and adopt the following new subrule in lieu
thereof:
201.8(3) The renewal fee for a license to practice as
an occupational therapist for a biennial period is $55. The renewal fee for a
license to practice as an occupational therapy assistant for a biennial period
is $45.
ITEM 9. Rescind rule
645—201.9(272C) and renumber 645—201.13(272C) as
645—201.9(272C).
ITEM 10. Rescind and reserve renumbered
subrules 201.9(3) and 201.9(4).
ITEM 11. Amend renumbered subrule
201.9(6), introductory paragraph, as follows:
201.9(6) The applicant for permanent license who is
already certified and working in the scope of occupational therapy prior to
licensure shall receive the same supervision as set out in
201.13 9(1)“b” and 201.13
9(2) for occupational therapy assistants and 201.13
9(1)“b” and 201.13 9(3) for
occupational therapists.
ITEM 12. Amend renumbered subrule
201.9(8) as follows:
201.9(8) When supervising unlicensed personnel not
covered under 201.13 9(1), 201.13
9(2), 201.13 9(3) and 201.13
9(6), the following conditions shall be met:
a. to c. No change.
ITEM 13. Rescind rule
645—201.10(272C) and renumber rule 645—201.24(272C) as
645— 201.10(272C).
ITEM 14. Amend renumbered subrule
201.10(8) as follows:
201.10(8) Failure to adequately supervise personnel in
accordance with the standards for supervision set forth in rule
201.13 9(272C).
ITEM 15. Rescind and reserve rules
645—201.11(147) and 645—201.14(272C) to
645—201.17(272C).
ITEM 16. Adopt new
645—Chapter 207 as follows:
CHAPTER 207
CONTINUING EDUCATION FOR OCCUPATIONAL
THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS
645—207.1(148B) Definitions. For the purpose of
these rules, the following definitions shall apply:
“Active license” means the license of a person who
is acting, practicing, functioning, and working in compliance with license
requirements.
“Administrator” means the administrator of the
board of physical and occupational therapy examiners.
“Audit” means the selection of licensees
for verification of satisfactory completion of continuing education requirements
during a specified time period.
“Board” means the board of physical and
occupational therapy examiners.
“Continuing education” means planned, organized
learning acts designed to maintain, improve, or expand a licensee’s
knowledge and skills in order for the licensee to develop new knowledge and
skills relevant to the enhancement of practice, education, or theory development
to improve the safety and welfare of the public.
“Hour of continuing education” means a clock hour
spent by a licensee in actual attendance at and completion of an approved
continuing education activity.
“Inactive license” means the license of a person
who is not engaged in practice in the state of Iowa.
“Lapsed license” means a license that a person has
failed to renew as required, or the license of a person who has failed to meet
stated obligations for renewal within a stated time.
“License” means license to practice.
“Licensee” means any person licensed to
practice as an occupational therapist or occupational therapy assistant in the
state of Iowa.
645—207.2(272C) Continuing education
requirements.
207.2(1) The biennial continuing education compliance
period shall extend for a two–year period that begins on the fifteenth day
of the licensee’s birth month and ends two years later on the fifteenth
day of the birth month.
a. Requirements for occupational therapist licensees. Each
biennium, each person who is licensed to practice as an occupational therapist
in this state shall be required to complete a minimum of 30 hours of continuing
education approved by the board.
b. Requirements for occupational therapy assistant licensees.
Each biennium, each person who is licensed to practice as an occupational
therapy assistant in this state shall be required to complete a minimum of 15
hours of continuing education approved by the board.
207.2(2) Requirements of new licensees. Those persons
licensed for the first time shall not be required to complete continuing
education as a prerequisite for the first renewal of their licenses. Continuing
education hours acquired anytime from the initial licensing until the second
license renewal may be used. The new licensee will be required to complete a
minimum of 30 hours of continuing education per biennium for occupational
therapists and 15 hours for occupational therapy assistants each subsequent
license renewal.
207.2(3) Reinstated licensees and licensees through
interstate endorsement shall obtain 30 hours of continuing education credit for
occupational therapists and 15 for occupational therapy assistants for renewal
of license if the license is obtained in the first year of the continuing
education biennium. Reinstated licensees and licensees through interstate
endorsement shall obtain 15 hours for occupational therapists and 8 hours for
occupational therapy assistants if the license is obtained in the second year of
the continuing education biennium. Reinstated licensees and licensees through
interstate endorsement may use continuing education earned prior to licensure in
Iowa, but within the same continuing education biennium in which they obtained
Iowa licensure, to fulfill this requirement.
207.2(4) Hours of continuing education credit may be
obtained by attending and participating in a continuing education activity.
These hours must meet the requirements herein pursuant to statutory provisions
and the rules that implement them.
207.2(5) No hours of continuing education shall be
carried over into the next biennium.
207.2(6) It is the responsibility of each licensee to
finance the cost of continuing education.
645—207.3(272C) Standards for
approval.
207.3(1) General criteria. A continuing education
activity which meets all of the following criteria is appropriate for continuing
education credit if it is determined by the board that the continuing education
activity:
a. Constitutes an organized program of learning which
contributes directly to the professional competency of the licensee;
b. Pertains to subject matters which integrally relate to the
practice of the profession;
c. Is conducted by individuals who have specialized education,
training and experience by reason of which said individuals should be considered
qualified concerning the subject matter of the program, and is accompanied by a
paper, manual or outline which substantively pertains to the subject matter of
the program and reflects program schedule, goals and objectives. The board may
request the qualifications of presenters;
d. Fulfills stated program goals, objectives, or both;
and
e. Provides proof of attendance to licensees in attendance
including:
(1) Date, location, course title, presenter(s);
(2) Number of program contact hours. (One contact hour
usually equals one hour of continuing education credit.); and
(3) Official signature or verification by program
sponsor.
207.3(2) Specific criteria.
a. Licensees may obtain continuing education hours of credit
by:
(1) Presenting professional programs which meet the criteria
listed in this rule. Two hours of credit will be awarded for each hour of
presentation. A course schedule or brochure must be maintained for an
audit;
(2) Providing official transcripts indicating successful
completion of academic courses which apply to the field of occupational therapy.
Credit hour equivalents are:
1 academic semester hour = 15 continuing education hours of
credit
1 academic trimester hour = 12 continuing education hours of
credit
1 academic quarter hour = 10 continuing education hours of
credit
(3) Authoring research or other activities the results of
which are published in a recognized professional publication. The licensee
shall receive five hours of credit per page;
(4) Viewing videotaped presentations if the following criteria
are met:
1. There is a sponsoring group or agency;
2. There is a facilitator or program official
present;
3. The program official may not be the only attendee;
and
4. The program meets all the criteria specified in this
rule;
(5) Participating in home study courses that have a
certificate of completion;
(6) Attending courses/activities that have
business–related topics: marketing, time management, government
relations, and other like topics;
(7) Attending courses/activities that have personal skills
topics: career burnout, communication skills, human relations, and other like
topics;
(8) Attending courses/activities that have general health
topics: clinical research, CPR, child abuse reporting, and other like
topics;
(9) Attending workshops, conferences and symposiums which
relate directly to the professional competency of the licensee.
b. The maximum number of hours in each category in each
biennium is as follows:
(1) Fifteen hours of credit for occupational therapists and
eight hours of credit for occupational therapy assistants for presenting
professional programs.
(2) Fifteen hours of credit for occupational therapists and
eight hours of credit for occupational therapy assistants for participating in
research.
(3) Fifteen hours of credit for occupational therapists and
eight hours of credit for occupational therapy assistants for viewing videotaped
presentations and electronically transmitted material that have a postcourse
test.
(4) Fifteen hours of credit for occupational therapists and
eight hours of credit for occupational therapy assistants for
business–related topics, personal skills topics and general health
topics.
(5) Fifteen hours of credit for occupational therapists and
eight hours of credit for occupational therapy assistants for home–study
courses.
c. Each biennium, a minimum of 15 hours of continuing
education for occupational therapists and a minimum of 8 hours for occupational
therapy assistants shall be of a clinical nature.
645—207.4(272C) Reporting continuing education by
licensee. At the time of license renewal, each licensee shall be required
to submit a report of continuing education to the board on a
board–approved form.
207.4(1) The information on the form shall
include:
a. Title of continuing education activities;
b. Date(s);
c. Sponsor of the activities;
d. Board–approved sponsor number (if
applicable);
e. Number of continuing education hours earned; and
f. Teaching method used.
207.4(2) Audit of continuing education report. After
each educational biennium, the board will audit a percentage of the continuing
education reports before granting the renewal of licenses to those being
audited.
a. The board will select licensees to be audited.
b. The licensee shall make available to the board for auditing
purposes a copy of the certificate of attendance or verification for all
reported activities that includes the following information:
(1) Date, location, course title, schedule (brochure,
pamphlet, program, presenter(s) and their credentials), and method of
presentation; and
(2) Number of contact hours for program attended.
c. For auditing purposes, the licensee must retain the above
information for two years after the biennium has end–ed.
d. Submission of a false report of continuing education or
failure to meet continuing education requirements may cause the license to lapse
and may result in formal disciplinary action.
e. All renewal license applications that are submitted late
(after the end of the compliance period) may be subject to an audit of the
continuing education report.
f. Failure to receive the renewal application shall not
relieve the licensee of the responsibility of meeting the continuing education
requirements and submitting the renewal fee by the end of the compliance
period.
645—207.5(147) Reinstatement of lapsed license.
Failure of the licensee to renew within 30 days after expiration date shall
cause the license to lapse. A person who allows a license to lapse cannot
engage in practice in Iowa without first complying with all regulations
governing reinstatement as outlined in the board rules. A person who allows the
license to lapse may apply to the board for reinstatement of the license.
Reinstatement of the lapsed license may be granted by the board if the
applicant:
1. Submits a written application for reinstatement to the
board;
2. Pays all of the renewal fees then due;
3. Pays all penalty fees which have been assessed by the board
for failure to renew;
4. Pays the reinstatement fee; and
5. Provides an official statement from each country, territory
and state board of examiners regarding the status of the applicant’s
license, including issue date, expiration date and information regarding any
pending or prior investigations or disciplinary action. The applicant shall
request such statement from all entities in which the applicant has been
licensed since the Iowa license lapsed; or
6. Provides evidence of satisfactory completion of Iowa
continuing education requirements during the period since the license lapsed.
The total number of continuing education hours required for license
reinstatement is computed by multiplying 30 for the occupational therapist
licensees and 15 for occupational therapy assistant licensees by the number of
bienniums since the license lapsed. Occupational therapist licensees shall have
a maximum of 90 hours of continuing education and occupational therapist
assistant licensees shall have a maximum of 45 hours of continuing
education.
645—207.6(272C) Continuing education waiver for
active practitioners. An occupational therapist or occupational therapy
assistant licensed to practice occupational therapy or occupational therapy
assistance shall be deemed to have complied with the continuing education
requirements of this state during the period that the licensee serves honorably
on active duty in the military services or as a government employee outside the
United States as a practicing occupational therapist or occupational therapy
assistant.
645—207.7(272C) Continuing education waiver for
inactive practitioners. A licensee who is not engaged in practice in the
state of Iowa may be granted a waiver of continuing education compliance and
obtain a certificate of waiver upon written application to the board. The
application shall contain a statement that the applicant will not engage in
practice in Iowa without first complying with all regulations governing
reinstatement after waiver. The application for a certificate of waiver shall
be submitted upon forms provided by the board.
645—207.8(272C) Continuing education waiver for
disability or illness. The board may, in individual cases involving
disability or illness, grant waivers of the minimum education requirements or
extension of time within which to fulfill the same or make the required reports.
No waiver or extension of time shall be granted unless written application
therefor is made on forms provided by the board and signed by the licensee and
appropriate licensed health care practitioners. The board may grant a waiver of
the minimum educational requirements for any period of time not to exceed one
calendar year from the onset of disability or illness. In the event that the
disability or illness upon which a waiver has been granted continues beyond the
period of waiver, the licensee must reapply for an extension of the waiver. The
board may, as a condition of any waiver granted, require the applicant to make
up a certain portion or all of the minimum educational requirements waived by
such methods as may be prescribed by the board.
645—207.9(272C) Reinstatement of inactive
practitioners. Inactive practitioners who have been granted a waiver of
compliance with these rules and obtained a certificate of waiver shall, prior to
engaging in the practice of occupational therapy in the state of Iowa, satisfy
the following requirements for reinstatement.
207.9(1) Reinstatement of the inactive
license may be granted by the board if the applicant:
a. Submits a written application for reinstatement to the
board;
b. Pays all renewal fees then due;
c. Pays the reinstatement fee; and
d. Provides an official statement from each country, territory
and state board of examiners regarding the status of the applicant’s
license, including issue date, expiration date and information regarding any
pending or prior investigations or disciplinary action. The applicant shall
request such statement from all entities in which the applicant has been
licensed since putting the Iowa license on inactive status.
207.9(2) The applicant shall furnish in the
application evidence of one of the following:
a. Full–time practice in another state of the United
States or the District of Columbia and completion of continuing education for
each biennium of inactive status substantially equivalent in the opinion of the
board to that required under these rules; or
b. Completion of a total number of hours of approved
continuing education computed by multiplying 30 for occupational therapist
licensees or 15 for occupational therapy assistant licensees by the number of
bienniums a certificate of exemption has been in effect for such applicant. The
occupational therapy licensees shall have a maximum of 90 hours of continuing
education and occupational therapy assistants shall have a maximum of 45 hours
of continuing education; or
c. Successful completion of the appropriate professional
examination, successfully completed within one year immediately prior to the
submission of such application for reinstatement.
645—207.10(272C) Hearings. In the event of
denial, in whole or part, of any application for approval of a continuing
education activity for continuing education credit, the applicant or licensee
shall have the right within 20 days after the sending of the notification of
denial by ordinary mail to request a hearing which shall be held within 90 days
after receipt of the request for hearing. The hearing shall be conducted by the
board or an administrative law judge designated by the board, in substantial
compliance with the hearing procedure set forth in rule
645—11.9(17A).
These rules are intended to implement Iowa Code section 272C.2
and chapter 148B.
ARC 0004B
PUBLIC BROADCASTING
DIVISION[288]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.84(9), the
Public Broadcasting Board proposes to adopt Chapter 14, “Criteria for
Grants,” Iowa Administrative Code.
The proposed new chapter will set criteria used for awarding
grants or contracts.
Interested persons may submit comments orally or in writing to
Molly Phillips, Iowa Public Television, 6450 Corporate Drive, Johnston, Iowa
50131, telephone (515) 242–3120, on or before August 15, 2000.
The Public Broadcasting Board adopted this chapter on July 5,
2000.
These rules are intended to implement Iowa Code sections
256.80 to 256.90.
The following new chapter is proposed.
CHAPTER 14
CRITERIA FOR GRANTS
288—14.1(256) Purpose. The division provides
grant funding and contracts to a variety of entities throughout the state for
support of educational telecommunications programs. To ensure objective
evaluation of applicants for these funds, grant and contract application
materials shall contain, at minimum, specific content. Program grant and
contract application packets shall be developed by the division in accordance
with these rules unless prohibited by or in conflict with appropriation
language, the Iowa Code, the Iowa Administrative Code, federal regulations, or
interagency agreements between the division and other state agencies.
288—14.2(256) Definitions. For the purpose of
these rules, the following definitions shall apply:
“Division” means Iowa Public Television.
“Program grant or contract” means the collective
activities of a grant or contract funded through the division.
“Program period” means the period of time during
which the division intends to support the program without requiring the
recompetition for funds. The program period is specified within the grant
application.
“Service delivery area” means the defined
geographic area for delivery of program services.
288—14.3(256) Requirements. The following shall
be included in all program grant and contract application materials made
available by the division:
1. Funding source.
2. Program period.
3. Description of eligible applicants.
4. Services to be delivered.
5. Service delivery area.
6. Target population to be served (if applicable).
7. Funding purpose.
8. Funding restrictions.
9. Funding formula (if any).
10. Matching requirement (if any).
11. Reporting requirements.
12. Performance criteria (if any).
13. Need for letters of support or other materials (if
applicable).
14. Application due date.
15. Anticipated date of awarding grant/contract.
16. Required components of submitted grant
applications.
17. An explanation of the review process and the review
criteria to be used by application evaluators, including, if applicable, the
number of points allocated per required component.
18. Appeal process in the event an application is denied (only
with competitive grant/contract process).
288—14.4(256) Review process (for competitive grants
and contracts). The review process to be followed in determining the amount
of funds to be approved for any competitive program grant or contract shall be
described in the application. The review criteria and point allocation for each
criterion shall also be described in the grant application material.
288—14.5(256) Appeal of grant or contract denial or
termination. Any applicant may appeal to the administrator the denial of a
properly submitted competitive program grant or contract application or the
unilateral termination of a competitive program grant or contract. Appeals
must be in writing and received within ten working days of the date of the
notice of decision and must be based on a contention that the process was
conducted outside of statutory authority; violated state or federal law, policy,
or rule; did not provide adequate public notice; was altered without adequate
public notice; or involved conflict of interest by staff or committee members.
The contested case procedures found in 288—Chapter 13 that govern the
administrator’s decision shall be applicable to any appeal of denial or
termination.
In the notice of appeal, the applicant shall give a short and
plain statement of the reasons for the appeal.
The administrator shall issue a decision within a reasonable
time, not to exceed 60 days from the date of the appeal.
These rules are intended to implement Iowa Code sections
256.80 to 256.90.
ARC 9990A
PUBLIC SAFETY
DEPARTMENT[661]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 100.35, the
Department of Public Safety hereby gives Notice of Intended Action to amend
Chapter 5, “Fire Marshal,” Iowa Administrative Code.
Provisions were included in legislation passed by the General
Assembly during its 2000 regular session for changes in and additions to fees
collected by the Fire Marshal Division. 2000 Iowa Acts, House File 2552,
section 20, amended Iowa Code section 100.1 to require the adoption of rules
designating a fee to be assessed to each building, structure, or facility for
which a fire inspection is required as a condition of licensure. 2000 Iowa
Acts, Senate File 2430, section 23, amended Iowa Code section 101.22 to provide
for renewal of registrations of aboveground petroleum storage tanks.
Registration of these tanks has been required since 1989, and a one–time
registration fee of $10 per tank has been collected and deposited in the general
fund as the tanks were registered. The additional language provides for an
annual fee of $10 per tank for renewal of the registration. These amendments
provide for the required fire inspection fees and for annual renewal of
aboveground petroleum storage tank registrations and the accompanying
fees.
A public hearing on these proposed amendments will be held on
September 8, 2000, at 9:45 a.m. in the Third Floor Conference Room of the
Wallace State Office Building, East 9th and Grand, Des Moines, Iowa 50319.
Persons may pre–sent their views orally or in writing at the public
hearing. Persons who wish to make oral presentations at the public hearing
should contact the Agency Rules Administrator, Department of Public Safety,
Wallace State Office Building, Des Moines, Iowa 50319, by mail, by telephone at
(515) 281–5524, or by electronic mail to admrule@dps.state.ia.us,
at least one day prior to the public hearing.
Any written comments or information regarding these proposed
amendments may be directed to the Agency Rules Administrator by mail or
electronic mail at the addresses indicated at least one day prior to the public
hearing, or may be submitted at the public hearing. Persons who wish to convey
their views orally other than at the public hearing may contact the Agency Rules
Administrator by telephone or in person at the Bureau office at least one day
prior to the public hearing.
These amendments were also Adopted and Filed Emergency and are
published herein as ARC 9989A. The content of that submission is
incorporated by reference.
These amendments are intended to implement Iowa Code section
100.1 as amended by 2000 Iowa Acts, House File 2552, and section 101.22 as
amended by 2000 Iowa Acts, Senate File 2430.
ARC 9986A
PUBLIC SAFETY
DEPARTMENT[661]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 692A.10, the
Department of Public Safety hereby gives Notice of Intended Action to amend
Chapter 8, “Criminal Justice Information,” Iowa Administrative
Code.
The Sex Offender Registry was established by the adoption of
Iowa Code chapter 692A by the Iowa General Assembly in 1995. The Registry is
intended to facilitate the tracking of sex offenders by criminal and juvenile
justice agencies in order to accomplish two related purposes: (1) enhance the
capability of criminal and juvenile justice agencies to obtain information about
convicted sex offenders useful in investigation of offenses, apprehension of
suspects, and prosecution of crimes, especially sex offenses, and (2) enable
members of the public to obtain information about convicted sex offenders that
may assist them in protecting themselves.
Iowa Code chapter 692A was amended this year by 2000 Iowa
Acts, Senate File 2031, in which the time limit for registrants to report
changes of address, telephone number, or name was reduced from ten days to five
days. These proposed amendments incorporate this change. In addition,
completion of risk assessments by juvenile court officers, which was previously
inadvertently omitted from the rules, is added, and two elements of the rules
are removed. One of the deleted elements is a requirement that registrants
receive a completed copy of the risk assessment form when they receive notice of
possible affirmative public notification. This information will be provided to
the registrant if an appeal of affirmative public notification is filed. These
amendments also remove the requirement that the forms displaying registrants for
purposes of affirmative public notification contain the signature of the chief
executive of the agency undertaking affirmative public notification.
A public hearing on these proposed amendments will be held on
September 8, 2000, at 11 a.m. in the Third Floor Conference Room, Wallace State
Office Building, East 9th and Grand, Des Moines, Iowa 50319. Persons may
present their views orally or in writing at the public hearing. Persons who
wish to make oral presentations at the public hearing should contact the Agency
Rules Administrator, Department of Public Safety, Wallace State Office Building,
Des Moines, Iowa 50319, by mail, by telephone at (515)281-5524, or by electronic
mail to admrule@dps.state.ia.us, at least one day prior to the public
hearing.
Any written comments or information regarding these proposed
amendments may be directed to the Agency Rules Administrator by mail or
electronic mail at the addresses indicated at least one day prior to the public
hearing, or submitted at the public hearing. Persons who wish to convey their
views orally other than at the public hearing may contact the Agency Rules
Administrator by telephone or in person at the Bureau office at least one day
prior to the public hearing.
Contemporaneous with the filing of this Notice, these
amendments were also Adopted and Filed Emergency and are published herein as
ARC 9988A. The content of that submission is incorporated by
reference.
These amendments are intended to implement Iowa Code chapter
692A as amended by 2000 Iowa Acts, Senate File 2031.
ARC 9987A
PUBLIC SAFETY
DEPARTMENT[661]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 103A.7, the
Building Code Commissioner hereby gives Notice of Intended Action to amend
Chapter 16, “State of Iowa Building Code,” Iowa Administrative Code,
with the approval of the Building Code Advisory Council.
The Building Code Commissioner has received a petition for
rule making requesting an amendment to 661—Chapter 16. The petition
requests that subrule 16.705(3), paragraph “a,” be amended to remove
any requirement for elevators in newly constructed three–story apartment
buildings.
This Notice is being published in order to provide an
opportunity for public participation and comment. After public comment has been
obtained, the Building Code Commissioner will determine whether or not to
proceed with proposing to the Building Code Advisory Council the addition of the
language contained in the proposed amendment.
A public hearing regarding this amendment will be held on
September 8, 2000, at 1:30 p.m. in the Third Floor Conference Room, Wallace
State Office Building, East 9th and Grand, Des Moines, Iowa. Persons may
present their views concerning this amendment at the public hearing orally or in
writing. Persons who wish to make oral presentations at the hearing should
contact the Building Code Bureau, Fire Marshal Division, Department of Public
Safety, 621 East 2nd Street, Des Moines, Iowa 50309; or by telephone at (515)
281–5132 at least one day prior to the hearing.
Any interested persons may make oral or written comments
concerning this proposed amendment to the Building Code Bureau by mail,
telephone, or in person at the above address at least one day prior to the
public hearing. Comments may also be submitted by electronic mail via the
Internet to admrule@dps.state.ia.us at least one day prior to the public
hearing.
This amendment is intended to implement Iowa Code section
103A.7.
The following amendment is proposed.
Amend subrule 16.705(3), paragraph
“a,” by adopting the following new
exception:
EXCEPTION 4: Elevators are not required
in apartment buildings of less than four stories.
ARC 0003B
REVENUE AND FINANCE
DEPARTMENT[701]
Notice of Intended Action
Twenty–five interested persons, a
governmental subdivision, an agency or association of 25 or more persons may
demand an oral presentation hereon as provided in Iowa Code section
17A.4(1)“b.”
Notice is also
given to the public that the Administrative Rules Review Committee may, on its
own motion or on written request by any individual or group, review this
proposed action under section 17A.8(6) at a regular or special meeting where the
public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 421.14,
422.68, 422B.9, and 422E.3, the Department of Revenue and Finance hereby gives
Notice of Intended Action to amend Chapter 107, “Local Option Sales and
Service Tax,” and Chapter 108, “Local Option School Infrastructure
Sales and Service Tax,” Iowa Administrative Code.
Items 1 and 2 amend 701—Chapters 107 and 108 by adopting
new rule 701—107.16(422B) and amending 701— 108.4(422E) to reference
701—107.16(422E) as being applicable to 701—Chapter 108. Both of
these amendments provide that the Director may charge a fee to local option tax
jurisdictions to recover direct costs incurred by the Department related to the
collection and distribution of such taxes.
The proposed amendments impact state mandates regarding agency
administrative rules set forth in Iowa Code section 25B.6. In compliance with
this statutory provision, attached is the fiscal impact statement outlining the
costs of these proposed amendments.
The Department has determined that these proposed amendments
may have an impact on small business. The Department has considered the factors
listed in Iowa Code Supplement section 17A.4A [1998 Iowa Acts, chapter 1202,
section 10]. The Department will issue a regulatory analysis as provided in
Iowa Code Supplement section 17A.4A [1998 Iowa Acts, chapter 1202, section 10]
if a written request is filed by delivery or by mailing postmarked no later than
August 28, 2000, to the Policy Section, Compliance Division, Department of
Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines,
Iowa 50306. The request may be made by the Administrative Rules Review
Committee, the Administrative Rules Coordinator, at least 25 persons signing
that request who each qualify as a small business, or an organization
representing at least 25 such persons.
Any interested person may make written suggestions or comments
on these proposed amendments on or before August 25, 2000. Such written
comments should be directed to the Policy Section, Compliance Division,
Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457,
Des Moines, Iowa 50306.
Persons who want to convey their views orally should contact
the Policy Section, Compliance Division, Department of Revenue and Finance, at
(515)281–4250 or at the Department of Revenue and Finance offices on the
fourth floor of the Hoover State Office Building.
There will be a public hearing August 15, 2000, from 1:30 to 3
p.m. in the conference room on the fourth floor of the Hoover State Office
Building. Persons may present their views at this hearing either orally or in
writing. Persons who wish to make oral presentations at the public hearing
should contact the Policy Section at least one day prior to the date of the
public hearing.
These amendments are intended to implement 2000 Iowa Acts,
House File 2545, section 28.
Iowa Code section 25B.6 requires a fiscal impact statement
outlining the cost of an administrative rule which necessitates additional
combined expenditures exceeding $100,000 by all affected political subdivisions.
Because this noticed rule will reduce the distribution of local option sales
taxes to political subdivisions of the state exceeding $100,000, a fiscal impact
statement has been prepared.
Cost Recovery Estimates – SILO
|
Code
|
Jurisdiction
|
Dist%
|
Cost
|
BLACK HAWK COUNTY
|
7–1044
|
Cedar Falls
|
24.57%
|
3,254.85
|
7–1719
|
Denver
|
0.70%
|
92.73
|
7–1791
|
Dike—New Hartford
|
0.08%
|
10.39
|
7–1908
|
Dunkerton
|
3.03%
|
400.90
|
7–2502
|
Gladbrook—Reinbeck
|
0.24%
|
31.90
|
7–3042
|
Hudson
|
4.56%
|
603.88
|
7–3105
|
Independence
|
0.00%
|
0.00
|
7–3186
|
Janesville
|
0.88%
|
116.47
|
7–3204
|
Jesup
|
0.76%
|
100.15
|
7–6536
|
Union
|
3.80%
|
503.72
|
7–6660
|
Vinton—Shellsburg
|
0.00%
|
0.00
|
7–6762
|
Wapsie Valley
|
0.13%
|
17.80
|
7–6795
|
Waterloo
|
61.20%
|
8,106.26
|
7–6840
|
Waverly—Shell Rock
|
0.05%
|
5.93
|
7–25
|
Total Black Hawk Co.
|
100.00%
|
13,244.98
|
|
|
|
|
DES MOINES COUNTY
|
29–0882
|
Burlington
|
72.57%
|
4,448.33
|
29–1602
|
Danville
|
6.58%
|
403.26
|
29–2322
|
Fort Madison
|
0.24%
|
14.40
|
29–4203
|
Mediapolis
|
13.52%
|
828.55
|
29–4509
|
Morning Sun
|
0.19%
|
11.86
|
29–4689
|
New London
|
0.21%
|
12.71
|
29–6759
|
Wapello
|
0.03%
|
1.69
|
29–6937
|
West Burlington
|
6.63%
|
406.65
|
29–7047
|
Winfield—Mt. Union
|
0.04%
|
2.54
|
29–25
|
Total Des Moines Co.
|
100.00%
|
6,129.99
|
|
|
|
|
EMMET COUNTY
|
32–0333
|
Armstrong—Ringsted
|
19.76%
|
357.02
|
32–2124
|
Estherville Lincoln Central
|
76.93%
|
1,390.03
|
32–2556
|
Graettinger
|
2.30%
|
41.47
|
32–6345
|
Terril
|
1.02%
|
18.48
|
32–25
|
Total Emmet Co.
|
100.00%
|
1,807.00
|
|
|
|
|
FREMONT COUNTY
|
36–2205
|
Farragut
|
21.96%
|
0.00
|
36–2369
|
Fremont—Mills
|
27.11%
|
0.00
|
36–2772
|
Hamburg
|
20.14%
|
0.00
|
36–5976
|
Shenandoah
|
3.59%
|
0.00
|
36–6003
|
Sidney
|
27.21%
|
0.00
|
36–25
|
Total Fremont Co.
|
100.00%
|
0.00
|
|
|
|
|
LEE COUNTY
|
56–1079
|
Central Lee
|
17.68%
|
1,087.01
|
56–2322
|
Fort Madison
|
42.84%
|
2,633.49
|
56–2834
|
Harmony
|
0.90%
|
55.46
|
56–3312
|
Keokuk
|
38.39%
|
2,360.36
|
56–4536
|
Mt. Pleasant
|
0.19%
|
11.68
|
56–25
|
Total Lee Co.
|
100.00%
|
6,148.00
|
|
|
|
|
MONONA COUNTY
|
67–1917
|
Boyer Valley
|
0.61%
|
16.52
|
67–1134
|
Charter Oak—Ute
|
6.46%
|
175.76
|
67–1969
|
East Monona
|
10.66%
|
290.24
|
67–4033
|
Maple Valley
|
25.10%
|
683.53
|
67–6969
|
West Harrison
|
0.00%
|
0.00
|
67–6987
|
West Monona
|
40.09%
|
1,091.54
|
67–6992
|
Westwood
|
3.15%
|
85.63
|
67–7002
|
Whiting
|
13.84%
|
376.77
|
67–7092
|
Woodbine
|
0.11%
|
3.00
|
67–25
|
Total Monona Co.
|
100.00%
|
2,722.99
|
|
|
|
|
MONTGOMERY COUNTY
|
69–2113
|
Essex
|
0.10%
|
1.94
|
69–2718
|
Griswold
|
6.22%
|
121.60
|
69–4751
|
Nishna Valley
|
0.36%
|
7.05
|
69–5463
|
Red Oak
|
63.70%
|
1,244.69
|
69–5976
|
Shenandoah
|
0.00%
|
0.00
|
69–6165
|
Stanton
|
12.76%
|
249.36
|
69–6651
|
Villisca
|
16.86%
|
329.37
|
69–25
|
Total Montgomery Co.
|
100.00%
|
1,954.01
|
|
|
|
|
MUSCATINE COUNTY
|
70–1368
|
Columbus
|
1.92%
|
95.13
|
70–1611
|
Davenport
|
1.07%
|
52.92
|
70–1926
|
Durant
|
1.66%
|
82.11
|
70–3841
|
Louisa—Muscatine
|
5.25%
|
259.59
|
70–4581
|
Muscatine
|
66.25%
|
3,276.48
|
70–6975
|
West Liberty
|
14.08%
|
696.49
|
70–7038
|
Wilton
|
9.77%
|
483.27
|
70–25
|
Total Muscatine Co.
|
100.00%
|
4,945.99
|
|
|
|
|
PAGE COUNTY
|
73–1197
|
Clarinda
|
37.38%
|
0.00
|
73–2113
|
Essex
|
9.70%
|
0.00
|
73–4698
|
New Market
|
0.44%
|
0.00
|
73–5463
|
Red Oak
|
0.00%
|
0.00
|
73–5976
|
Shenandoah
|
37.48%
|
0.00
|
73–6097
|
South Page
|
13.72%
|
0.00
|
73–6165
|
Stanton
|
0.36%
|
0.00
|
73–6651
|
Villisca
|
0.93%
|
0.00
|
73–25
|
Total Page Co.
|
100.00%
|
0.00
|
|
|
|
|
POLK COUNTY
|
77–0261
|
Ankeny
|
9.23%
|
4,937.95
|
77–0472
|
Ballard
|
0.01%
|
5.15
|
77–0720
|
Bondurant–Farrar
|
1.43%
|
766.65
|
77–0981
|
Carlisle
|
0.42%
|
224.10
|
77–1350
|
Collins–Maxwell
|
0.09%
|
45.51
|
77–1576
|
Dallas Center
|
1.60%
|
858.35
|
77–1737
|
Des Moines
|
51.07%
|
27,334.03
|
77–3231
|
Johnston
|
6.11%
|
3,271.82
|
77–3942
|
Madrid
|
0.08%
|
41.21
|
77–4779
|
North Polk
|
1.39%
|
745.45
|
77–5160
|
PCM (Prairie City–Monroe)
|
0.01%
|
3.43
|
77–5805
|
Saydel
|
2.43%
|
1,300.11
|
77–6101
|
Southeast Polk
|
7.02%
|
3,759.43
|
77–6579
|
Urbandale
|
5.20%
|
2,784.82
|
77–6957
|
West Des Moines
|
13.82%
|
7,397.19
|
77–7110
|
Woodward
|
0.09%
|
49.80
|
77–25
|
Total Polk Co.
|
100.00%
|
53,525.00
|
|
|
|
|
SCOTT COUNTY
|
82–0603
|
Bennett
|
0.32%
|
49.98
|
82–0621
|
Bettendorf
|
15.25%
|
2,351.69
|
82–0918
|
Calamus Wheatland
|
0.14%
|
22.28
|
82–1611
|
Davenport
|
62.38%
|
9,619.69
|
82–1926
|
Durant
|
0.30%
|
46.72
|
82–4784
|
North Scott
|
10.61%
|
1,636.27
|
82–5250
|
Pleasant Valley
|
10.98%
|
1,693.37
|
82–25
|
Total Scott Co.
|
100.00%
|
15,420.00
|
|
|
|
|
SHELBY COUNTY
|
83–0441
|
A–H–S–T
|
9.79%
|
237.36
|
83–1917
|
Boyer Valley
|
0.81%
|
19.54
|
83–2016
|
Elk Horn— Kimballton
|
7.64%
|
185.16
|
83–2826
|
Harlan
|
64.69%
|
1,568.08
|
83–3168
|
IKM
|
13.81%
|
334.77
|
83–4014
|
Manning
|
0.96%
|
23.26
|
83–6460
|
Tri–Center
|
1.11%
|
26.98
|
83–6750
|
Walnut
|
1.08%
|
26.05
|
83–7092
|
Woodbine
|
0.12%
|
2.79
|
83–25
|
Total Shelby Co.
|
100.00%
|
2,423.99
|
|
|
|
|
WEBSTER COUNTY
|
94–1944
|
Eagle Grove
|
0.84%
|
43.10
|
94–2313
|
Fort Dodge
|
70.32%
|
3,602.43
|
94–2493
|
Gilmore City—Bradgate
|
0.13%
|
6.51
|
94–3060
|
Humboldt
|
0.64%
|
32.77
|
94–4023
|
Manson NW Webster
|
6.19%
|
317.16
|
94–5325
|
Prairie Valley
|
10.35%
|
530.39
|
94–6096
|
Southeast Webster
|
8.78%
|
449.96
|
94–6246
|
Stratford
|
0.52%
|
26.84
|
94–6867
|
Webster City
|
2.22%
|
113.85
|
94–25
|
Total Webster Co.
|
100.00%
|
5,123.01
|
|
|
|
|
WOODBURY COUNTY
|
97–0270
|
Anthon—Oto
|
1.68%
|
177.22
|
97–0504
|
Battle Creek— Ida Grove
|
0.05%
|
5.69
|
97–1975
|
River Valley
|
0.80%
|
84.80
|
97–3348
|
Kingsley—Pierson
|
3.43%
|
363.09
|
97–3555
|
Lawton—Bronson
|
0.71%
|
75.07
|
97–4033
|
Maple Valley
|
1.65%
|
174.03
|
97–5877
|
Sergeant Bluff—Luton
|
6.39%
|
675.88
|
97–6039
|
Sioux City
|
78.31%
|
8,282.13
|
97–6992
|
Westwood
|
3.62%
|
382.39
|
97–7098
|
Woodbury Central
|
3.36%
|
355.70
|
97–25
|
Total Woodbury Co.
|
100.00%
|
10,576.00
|
|
|
|
|
|
Grand Total Population 124,020.96
|
Cost Recovery Estimates – LOST
|
Code
|
Jurisdiction
|
Dist%
|
Cost
|
ADAIR COUNTY
|
|
|
|
|
ADAMS COUNTY
|
|
|
|
|
ALLAMAKEE COUNTY
|
|
03–01
|
Waukon
|
25.47%
|
853.01
|
03–02
|
Lansing
|
6.51%
|
217.85
|
03–03
|
Postville
|
10.19%
|
341.42
|
03–04
|
New Albin
|
3.36%
|
112.47
|
03–05
|
Harpers Ferry
|
1.77%
|
59.22
|
03–06
|
Waterville
|
0.80%
|
26.69
|
03–22
|
Unincorporated
|
51.91%
|
1,738.35
|
03–24
|
TOTAL
|
100.01%
|
3,349.01
|
|
|
|
|
APPANOOSE COUNTY
|
|
|
04–05
|
Mystic
|
90.11%
|
329.81
|
04–08
|
Plano
|
9.89%
|
36.19
|
04–24
|
TOTAL
|
100.00%
|
366.00
|
|
|
|
|
AUDUBON COUNTY
|
|
05–03
|
Brayton
|
63.39%
|
176.23
|
05–04
|
Gray
|
36.61%
|
101.77
|
05–24
|
TOTAL
|
100.00%
|
278.00
|
|
|
|
|
BENTON COUNTY
|
|
|
|
|
|
BLACK HAWK COUNTY
|
|
|
07–01
|
Waterloo
|
52.10%
|
6,900.02
|
07–02
|
Cedar Falls
|
24.07%
|
3,188.72
|
07–03
|
Evansdale
|
3.00%
|
397.70
|
07–04
|
Elk Run Heights
|
0.71%
|
94.64
|
07–05
|
Hudson
|
1.40%
|
186.02
|
07–06
|
La Porte City
|
1.47%
|
194.12
|
07–08
|
Dunkerton
|
0.51%
|
67.40
|
07–09
|
Janesville
|
0.08%
|
10.67
|
07–10
|
Gilbertville
|
0.51%
|
67.04
|
07–11
|
Raymond
|
0.40%
|
53.25
|
07–22
|
Unincorporated
|
15.74%
|
2,085.42
|
07–24
|
TOTAL
|
99.99%
|
13,245.00
|
|
|
|
|
BOONE COUNTY
|
|
|
08–01
|
Boone
|
45.80%
|
2,042.70
|
08–02
|
Madrid
|
8.07%
|
359.74
|
08–03
|
Ogden
|
6.29%
|
280.60
|
08–04
|
Beaver
|
0.16%
|
7.19
|
08–05
|
Berkley
|
0.12%
|
5.33
|
08–06
|
Boxholm
|
0.73%
|
32.41
|
08–07
|
Fraser
|
0.38%
|
16.74
|
08–08
|
Luther
|
0.51%
|
22.68
|
08–09
|
Pilot Mound
|
0.63%
|
27.95
|
08–10
|
Sheldahl
|
0.07%
|
2.92
|
08–22
|
Unincorporated
|
37.26%
|
1,661.75
|
08–24
|
TOTAL
|
100.02%
|
4,460.01
|
|
|
|
|
BREMER COUNTY
|
|
|
09–01
|
Waverly
|
0.00%
|
0.00
|
09–02
|
Sumner
|
60.90%
|
1,053.58
|
09–03
|
Tripoli
|
34.30%
|
593.33
|
09–04
|
Denver
|
0.00%
|
0.00
|
09–05
|
Janesville
|
0.00%
|
0.00
|
09–06
|
Readlyn
|
0.00%
|
0.00
|
09–07
|
Frederika
|
4.80%
|
83.09
|
09–08
|
Plainfield
|
0.00%
|
0.00
|
09–22
|
Unincorporated
|
0.00%
|
0.00
|
09–24
|
TOTAL
|
100.00%
|
1,730.00
|
|
|
|
|
BUCHANAN COUNTY
|
|
|
10–02
|
Jesup
|
42.71%
|
885.04
|
10–03
|
Fairbank
|
15.83%
|
328.08
|
10–04
|
Hazleton
|
12.91%
|
267.59
|
10–05
|
Lamont
|
8.61%
|
178.48
|
10–06
|
Winthrop
|
14.07%
|
291.62
|
10–07
|
Aurora
|
3.68%
|
76.19
|
10–11
|
Stanley
|
2.17%
|
44.99
|
10–24
|
TOTAL
|
99.98%
|
2,071.99
|
|
|
|
|
BUENA VISTA COUNTY
|
|
|
11–01
|
Storm Lake
|
40.29%
|
1,760.78
|
11–02
|
Alta
|
7.61%
|
332.41
|
11–03
|
Albert City
|
3.66%
|
159.78
|
11–04
|
Marathon
|
1.43%
|
62.57
|
11–05
|
Newell
|
4.55%
|
198.86
|
11–06
|
Sioux Rapids
|
3.41%
|
149.15
|
11–07
|
Lakeside
|
2.23%
|
97.46
|
11–08
|
Rembrandt
|
0.89%
|
38.90
|
11–09
|
Truesdale
|
0.53%
|
23.18
|
11–10
|
Linn Grove
|
0.79%
|
34.45
|
11–22
|
Unincorporated
|
34.61%
|
1,512.47
|
11–24
|
TOTAL
|
100.00%
|
4,370.01
|
|
|
|
|
BUTLER COUNTY
|
|
|
12–01
|
Clarksville
|
7.47%
|
231.76
|
12–02
|
Greene
|
6.74%
|
209.04
|
12–03
|
Parkersburg
|
10.35%
|
321.21
|
12–04
|
Shell Rock
|
7.79%
|
241.56
|
12–05
|
Allison
|
5.89%
|
182.62
|
12–06
|
Aplington
|
5.44%
|
168.71
|
12–07
|
Dumont
|
3.93%
|
122.01
|
12–08
|
New Hartford
|
4.03%
|
124.98
|
12–09
|
Aredale
|
0.52%
|
16.19
|
12–10
|
Bristow
|
1.00%
|
31.02
|
12–22
|
Unincorporated
|
46.84%
|
1,452.90
|
12–24
|
TOTAL
|
100.00%
|
3,102.00
|
|
|
|
|
CALHOUN COUNTY
|
|
|
|
|
|
|
CARROLL COUNTY
|
|
|
|
|
|
|
CASS COUNTY
|
|
|
15–01
|
Atlantic
|
44.38%
|
1,586.26
|
15–02
|
Anita
|
5.80%
|
207.36
|
15–03
|
Griswold
|
5.94%
|
212.32
|
15–04
|
Lewis
|
2.30%
|
82.07
|
15–05
|
Cumberland
|
1.63%
|
58.42
|
15–06
|
Marne
|
0.80%
|
28.45
|
15–07
|
Massena
|
2.09%
|
74.52
|
15–08
|
Wiota
|
0.87%
|
31.14
|
15–22
|
Unincorporated
|
36.19%
|
1,293.45
|
15–24
|
TOTAL
|
100.00%
|
3,573.99
|
|
|
|
|
CEDAR COUNTY
|
|
|
|
|
|
|
CERRO GORDO COUNTY
|
|
|
17–01
|
Mason City
|
56.51%
|
4,511.37
|
17–02
|
Clear Lake
|
15.69%
|
1,252.96
|
17–03
|
Ventura
|
1.08%
|
86.60
|
17–04
|
Rockwell
|
1.87%
|
149.33
|
17–05
|
Dougherty
|
0.19%
|
15.15
|
17–06
|
Meservey
|
0.52%
|
41.61
|
17–07
|
Plymouth
|
0.78%
|
62.60
|
17–08
|
Rock Falls
|
0.26%
|
21.07
|
17–09
|
Swaledale
|
0.35%
|
28.00
|
17–10
|
Thornton
|
0.80%
|
63.97
|
17–22
|
Unincorporated
|
21.94%
|
1,751.35
|
17–24
|
TOTAL
|
99.99%
|
7,984.01
|
|
|
|
|
CHEROKEE COUNTY
|
|
|
18–01
|
Cherokee
|
0.00%
|
0.00
|
18–02
|
Marcus
|
36.29%
|
632.89
|
18–03
|
Aurelia
|
29.82%
|
520.07
|
18–04
|
Cleghorn
|
7.84%
|
136.78
|
18–05
|
Larrabee
|
4.44%
|
77.41
|
18–06
|
Meriden
|
5.09%
|
88.86
|
18–07
|
Quimby
|
9.38%
|
163.50
|
18–08
|
Washta
|
7.14%
|
124.49
|
18–22
|
Unincorporated
|
0.00%
|
0.00
|
18–24
|
TOTAL
|
100.00%
|
1,744.00
|
|
|
|
|
CHICKASAW COUNTY
|
|
|
19–01
|
New Hampton
|
25.89%
|
818.11
|
19–02
|
Nashua
|
9.70%
|
306.64
|
19–03
|
Fredericksburg
|
6.09%
|
192.50
|
19–04
|
Lawler
|
3.24%
|
102.47
|
19–05
|
Alta Vista
|
1.58%
|
49.82
|
19–06
|
Bassett
|
0.44%
|
13.87
|
19–07
|
Ionia
|
1.85%
|
58.38
|
19–08
|
North Washington
|
0.66%
|
20.81
|
19–22
|
Unincorporated
|
50.55%
|
1,597.40
|
19–24
|
TOTAL
|
100.00%
|
3,160.00
|
|
|
|
|
CLARKE COUNTY
|
|
|
20–01
|
Osceola
|
46.03%
|
891.64
|
20–02
|
Murray
|
7.49%
|
145.06
|
20–03
|
Woodburn
|
2.32%
|
44.86
|
20–22
|
Unincorporated
|
44.16%
|
855.44
|
20–24
|
TOTAL
|
100.00%
|
1,937.00
|
CLAY COUNTY
|
|
|
21–01
|
Spencer
|
57.77%
|
2,206.24
|
21–02
|
Everly
|
3.61%
|
137.78
|
21–03
|
Peterson
|
1.88%
|
71.86
|
21–04
|
Dickens
|
1.01%
|
38.65
|
21–05
|
Fostoria
|
0.96%
|
36.66
|
21–06
|
Greenville
|
0.38%
|
14.61
|
21–07
|
Rossie
|
0.30%
|
11.43
|
21–08
|
Royal
|
2.26%
|
86.23
|
21–09
|
Webb
|
0.79%
|
30.08
|
21–10
|
Gillett Grove
|
0.30%
|
11.60
|
21–22
|
Clay County
|
30.74%
|
1,173.86
|
21–24
|
TOTAL
|
100.00%
|
3,819.00
|
|
|
|
|
CLAYTON COUNTY
|
|
|
22–01
|
Elkader
|
7.19%
|
313.49
|
22–02
|
Guttenberg
|
10.79%
|
470.24
|
22–03
|
Monona
|
7.05%
|
307.29
|
22–04
|
Strawberry Point
|
6.22%
|
271.00
|
22–05
|
Edgewood
|
1.28%
|
55.91
|
22–06
|
Garnavillo
|
3.55%
|
154.53
|
22–07
|
Marquette
|
2.20%
|
96.04
|
22–08
|
McGregor
|
3.72%
|
162.05
|
22–10
|
Elkport
|
0.34%
|
14.97
|
22–11
|
Farmersburg
|
1.29%
|
56.31
|
22–12
|
Garber
|
0.48%
|
21.13
|
22–13
|
Littleport
|
0.37%
|
16.00
|
22–14
|
Luana
|
0.86%
|
37.29
|
22–15
|
N Buena Vista
|
0.60%
|
26.18
|
22–17
|
Saint Olaf
|
0.59%
|
25.64
|
22–18
|
Volga
|
1.33%
|
57.79
|
22–19
|
Millville
|
0.13%
|
5.61
|
22–20
|
Postville
|
0.00%
|
0.00
|
22–22
|
Unincorporated
|
52.01%
|
2,266.54
|
22–24
|
TOTAL
|
100.00%
|
4,358.01
|
|
|
|
|
CLINTON COUNTY
|
|
|
23–01
|
Clinton
|
53.43%
|
3,899.48
|
23–02
|
Dewitt
|
8.32%
|
607.21
|
23–03
|
Camanche
|
7.77%
|
567.09
|
23–04
|
Delmar
|
0.88%
|
64.32
|
23–05
|
Grand Mound
|
0.99%
|
71.91
|
23–06
|
Lost Nation
|
0.76%
|
55.78
|
23–07
|
Wheatland
|
1.15%
|
84.28
|
23–08
|
Andover
|
0.16%
|
11.32
|
23–09
|
Calamus
|
0.63%
|
45.93
|
23–10
|
Charlotte
|
0.57%
|
41.38
|
23–11
|
Goose Lake
|
0.35%
|
25.27
|
23–12
|
Low Moor
|
0.44%
|
32.27
|
23–13
|
Toronto
|
0.20%
|
14.85
|
23–14
|
Welton
|
0.29%
|
20.99
|
23–22
|
Unincorporated
|
24.06%
|
1,755.92
|
23–24
|
TOTAL
|
100.00%
|
7,298.00
|
CRAWFORD COUNTY
|
|
|
24–01
|
Dension
|
34.75%
|
1,078.58
|
24–02
|
Charter Oak
|
2.68%
|
83.06
|
24–03
|
Dow City
|
2.19%
|
67.94
|
24–04
|
Manilla
|
4.46%
|
138.58
|
24–05
|
Schleswig
|
4.43%
|
137.54
|
24–06
|
Vail
|
1.93%
|
60.00
|
24–07
|
Arion
|
0.69%
|
21.50
|
24–08
|
Aspinwall
|
0.27%
|
8.45
|
24–09
|
Buck Grove
|
0.27%
|
8.25
|
24–10
|
Deloit
|
1.42%
|
44.06
|
24–11
|
Kiron
|
1.50%
|
46.46
|
24–12
|
Ricketts
|
0.60%
|
18.61
|
24–13
|
Westside
|
1.81%
|
56.27
|
24–22
|
Unincorporated
|
43.00%
|
1,334.70
|
24–24
|
TOTAL
|
100.00%
|
3,104.00
|
|
|
|
|
DALLAS COUNTY
|
|
|
25–01
|
Perry
|
85.36%
|
1,780.71
|
25–05
|
Redfield
|
9.19%
|
191.71
|
25–08
|
Bouton
|
1.48%
|
30.87
|
25–13
|
Minburn
|
3.97%
|
82.71
|
25–24
|
TOTAL
|
100.00%
|
2,086.00
|
|
|
|
|
DAVIS COUNTY
|
|
|
|
|
|
|
DECATUR COUNTY
|
|
|
27–01
|
Lamoni
|
70.74%
|
708.12
|
27–02
|
Leon
|
0.00%
|
0.00
|
27–03
|
Davis City
|
6.63%
|
66.33
|
27–04
|
Decatur City
|
4.41%
|
44.10
|
27–05
|
Garden Grove
|
5.77%
|
57.77
|
27–06
|
Grand River
|
4.26%
|
42.65
|
27–07
|
Leroy
|
0.80%
|
8.05
|
27–08
|
Pleasanton
|
1.29%
|
12.92
|
27–09
|
Van Wert
|
6.10%
|
61.05
|
27–10
|
Weldon
|
0.00%
|
0.00
|
27–22
|
Unincorporated
|
0.00%
|
0.00
|
27–24
|
TOTAL
|
100.00%
|
1,000.99
|
|
|
|
|
DELAWARE COUNTY
|
|
|
28–01
|
Manchester
|
25.36%
|
986.55
|
28–02
|
Earlville
|
3.87%
|
150.38
|
28–03
|
Edgewood
|
2.85%
|
110.79
|
28–04
|
Hopkinton
|
3.40%
|
132.30
|
28–05
|
Colesburg
|
2.22%
|
86.48
|
28–06
|
Delaware
|
0.80%
|
31.20
|
28–07
|
Delhi
|
2.34%
|
90.86
|
28–08
|
Dundee
|
0.77%
|
29.99
|
28–09
|
Dyersville
|
0.15%
|
5.96
|
28–10
|
Greeley
|
1.31%
|
50.93
|
28–11
|
Masonville
|
0.62%
|
24.00
|
28–13
|
Ryan
|
1.86%
|
72.32
|
28–22
|
Unincorporated
|
54.45%
|
2,118.26
|
28–24
|
TOTAL
|
100.00%
|
3,890.02
|
DES MOINES COUNTY
|
|
|
29–01
|
Burlington
|
60.51%
|
4,278.57
|
29–02
|
Mediapolis
|
3.27%
|
231.19
|
29–03
|
West Burlington
|
7.25%
|
512.75
|
29–04
|
Middletown
|
0.72%
|
50.78
|
29–05
|
Danville
|
1.90%
|
134.46
|
29–22
|
Unincorporated
|
26.35%
|
1,863.25
|
29–24
|
TOTAL
|
100.00%
|
7,071.00
|
|
|
|
|
DICKINSON COUNTY
|
|
|
30–01
|
Milford
|
12.50%
|
560.13
|
30–02
|
Spirit Lake
|
24.00%
|
1,075.72
|
30–03
|
Arnolds Park
|
6.40%
|
286.99
|
30–04
|
Lake Park
|
5.81%
|
260.59
|
30–05
|
Okoboji
|
5.26%
|
235.96
|
30–07
|
Orleans
|
3.22%
|
144.42
|
30–08
|
Superior
|
0.85%
|
38.24
|
30–09
|
Terrill
|
2.16%
|
96.70
|
30–10
|
Wahpeton
|
2.91%
|
130.60
|
30–11
|
West Okoboji
|
1.49%
|
66.80
|
30–22
|
Unincorporated
|
35.38%
|
1,585.86
|
30–24
|
TOTAL
|
99.98%
|
4,482.01
|
|
|
|
|
DUBUQUE COUNTY
|
|
|
31–01
|
Dubuque
|
63.33%
|
7,188.27
|
31–02
|
Cascade
|
1.42%
|
161.19
|
31–03
|
Dyersville
|
3.69%
|
418.85
|
31–04
|
Epworth
|
1.38%
|
156.60
|
31–05
|
Farley
|
1.34%
|
152.00
|
31–06
|
Asbury
|
1.92%
|
217.94
|
31–07
|
Balltown
|
0.07%
|
7.46
|
31–08
|
Bankston
|
0.03%
|
3.44
|
31–09
|
Bernard
|
0.12%
|
13.20
|
31–10
|
Centralia
|
0.11%
|
12.10
|
31–12
|
Graf
|
0.08%
|
9.56
|
31–13
|
Holy Cross
|
0.28%
|
32.14
|
31–14
|
Luxemburg
|
0.25%
|
28.56
|
31–15
|
New Vienna
|
0.37%
|
42.36
|
31–16
|
Peosta
|
0.12%
|
14.04
|
31–17
|
Sageville
|
0.25%
|
28.32
|
31–18
|
Sherrill
|
0.13%
|
14.70
|
31–19
|
Worthington
|
0.44%
|
49.52
|
31–20
|
Zwingle
|
0.08%
|
8.69
|
31–21
|
Rickardsville
|
0.17%
|
19.45
|
31–22
|
Unincorporated
|
24.42%
|
2,771.62
|
31–24
|
TOTAL
|
100.00%
|
11,350.01
|
|
|
|
|
EMMET COUNTY
|
|
|
32–01
|
Estherville
|
0.00%
|
0.00
|
32–02
|
Armstrong
|
68.15%
|
813.09
|
32–03
|
Ringsted
|
31.85%
|
379.91
|
32–04
|
Dolliver
|
0.00%
|
0.00
|
32–05
|
Gruver
|
0.00%
|
0.00
|
32–06
|
Wallingford
|
0.00%
|
0.00
|
32–22
|
Unincorporated
|
0.00%
|
0.00
|
32–24
|
TOTAL
|
100.00%
|
1,193.00
|
|
|
|
|
FAYETTE COUNTY
|
|
|
33–01
|
Oelwein
|
29.17%
|
1,321.82
|
33–02
|
Fayette
|
5.16%
|
233.67
|
33–03
|
West Union
|
10.44%
|
473.08
|
33–04
|
Arlington
|
1.87%
|
84.54
|
33–05
|
Clermont
|
2.02%
|
91.71
|
33–06
|
Elgin
|
2.46%
|
111.25
|
33–07
|
Fairbank
|
0.57%
|
25.72
|
33–08
|
Hawkeye
|
1.78%
|
80.56
|
33–09
|
Maynard
|
2.03%
|
92.14
|
33–11
|
Randalia
|
0.32%
|
14.31
|
33–12
|
St. Lucas
|
0.65%
|
29.60
|
33–13
|
Wadena
|
0.87%
|
39.36
|
33–14
|
Waucoma
|
1.05%
|
47.72
|
33–15
|
Westgate
|
0.79%
|
35.92
|
33–22
|
Unincorporated
|
40.82%
|
1,849.61
|
33–24
|
TOTAL
|
100.00%
|
4,531.01
|
|
|
|
|
FLOYD COUNTY
|
|
|
34–01
|
Charles City
|
43.17%
|
1,545.49
|
34–02
|
Nora Springs
|
7.67%
|
274.42
|
34–03
|
Rockford
|
4.30%
|
154.07
|
34–04
|
Colwell
|
0.46%
|
16.33
|
34–05
|
Floyd
|
1.79%
|
64.15
|
34–06
|
Marble Rock
|
1.88%
|
67.44
|
34–07
|
Rudd
|
2.18%
|
78.14
|
34–22
|
Unincorporated
|
38.55%
|
1,379.96
|
34–24
|
TOTAL
|
100.00%
|
3,580.00
|
|
|
|
|
FRANKLIN COUNTY
|
|
|
35–01
|
Hampton
|
33.52%
|
953.27
|
35–03
|
Sheffield
|
8.87%
|
252.26
|
35–04
|
Dows
|
0.67%
|
19.15
|
35–06
|
Coulter
|
1.89%
|
53.77
|
35–07
|
Geneva
|
1.26%
|
35.94
|
35–08
|
Hansell
|
0.64%
|
18.20
|
35–09
|
Latimer
|
3.26%
|
92.65
|
35–10
|
Popejoy
|
0.64%
|
18.15
|
35–22
|
Unincorporated
|
49.25%
|
1,400.62
|
35–24
|
TOTAL
|
100.00%
|
2,844.01
|
|
|
|
|
FREMONT COUNTY
|
|
|
36–01
|
Hamburg
|
13.29%
|
280.38
|
36–02
|
Sidney
|
12.78%
|
269.53
|
36–03
|
Tabor
|
9.08%
|
191.45
|
36–04
|
Farragut
|
5.08%
|
107.23
|
36–05
|
Imogene
|
0.86%
|
18.12
|
36–06
|
Randolph
|
2.37%
|
49.94
|
36–07
|
Riverton
|
3.24%
|
68.32
|
36–08
|
Thurman
|
2.31%
|
48.72
|
36–22
|
Unincorporated
|
50.99%
|
1,075.30
|
36–24
|
TOTAL
|
100.00%
|
2,108.99
|
|
|
|
|
CITY OF SHENANDOAH
|
|
|
36–00
|
Shenandoah
|
100.00%
|
9.00
|
36–00A
|
TOTAL
|
100.00%
|
9.00
|
|
|
|
|
GREENE COUNTY
|
|
|
|
|
|
|
GRUNDY COUNTY
|
|
|
38–01
|
Grundy Center
|
23.93%
|
514.10
|
38–02
|
Reinbeck
|
0.00%
|
0.00
|
38–03
|
Conrad
|
0.00%
|
0.00
|
38–04
|
Dike
|
8.24%
|
177.08
|
38–05
|
Wellsburg
|
6.05%
|
130.06
|
38–06
|
Beaman
|
1.77%
|
38.01
|
38–07
|
Holland
|
1.88%
|
40.38
|
38–08
|
Morrison
|
1.05%
|
22.49
|
38–09
|
Stout
|
1.62%
|
34.86
|
38–22
|
Unincorporated
|
55.45%
|
1,191.01
|
38–24
|
TOTAL
|
99.99%
|
2,147.99
|
|
|
|
|
GUTHRIE COUNTY
|
|
|
|
|
|
|
HAMILTON COUNTY
|
|
|
|
|
|
|
HANCOCK COUNTY
|
|
|
41–01
|
Britt
|
15.35%
|
438.48
|
41–02
|
Garner
|
21.25%
|
607.13
|
41–03
|
Kanawha
|
5.58%
|
159.45
|
41–04
|
Klemme
|
4.29%
|
122.70
|
41–05
|
Corwith
|
2.44%
|
69.60
|
41–06
|
Crystal Lake
|
1.77%
|
50.67
|
41–07
|
Goodell
|
1.32%
|
37.73
|
41–08
|
Woden
|
1.74%
|
49.80
|
41–22
|
Unincorporated
|
46.25%
|
1,321.44
|
41–24
|
TOTAL
|
99.99%
|
2,857.00
|
|
|
|
|
HARDIN COUNTY
|
|
|
42–01
|
Iowa Falls
|
27.03%
|
1,166.52
|
42–02
|
Ackley
|
7.45%
|
321.66
|
42–03
|
Eldora
|
14.52%
|
626.46
|
42–04
|
Alden
|
4.06%
|
175.13
|
42–05
|
Hubbard
|
3.67%
|
158.47
|
42–06
|
Radcliffe
|
2.50%
|
108.08
|
42–07
|
Buckeye
|
0.49%
|
21.04
|
42–08
|
New Providence
|
1.02%
|
44.15
|
42–09
|
Owasa
|
0.17%
|
7.51
|
42–10
|
Steamboat Rock
|
1.57%
|
67.72
|
42–11
|
Union
|
1.96%
|
84.73
|
42–12
|
Whitton
|
0.60%
|
25.98
|
42–22
|
Unincorporated
|
34.94%
|
1,507.52
|
42–24
|
TOTAL
|
99.98%
|
4,314.97
|
|
|
|
|
HARRISON COUNTY
|
|
|
43–01
|
Dunlap
|
14.83%
|
354.61
|
43–02
|
Logan
|
17.24%
|
412.12
|
43–03
|
Missouri Valley
|
34.72%
|
830.11
|
43–04
|
Woodbine
|
16.80%
|
401.77
|
43–05
|
Little Sioux
|
2.05%
|
49.07
|
43–06
|
Magnolia
|
2.11%
|
50.54
|
43–07
|
Modale
|
3.59%
|
85.88
|
43–08
|
Mondamin
|
3.57%
|
85.46
|
43–09
|
Persia
|
2.71%
|
64.91
|
43–10
|
Pisgah
|
2.36%
|
56.54
|
43–22
|
Unincorporated
|
0.00%
|
0.00
|
43–24
|
TOTAL
|
99.98%
|
2,391.01
|
|
|
|
|
HENRY COUNTY
|
|
|
44–01
|
Mt. Pleasant
|
36.27%
|
1,479.26
|
44–02
|
New London
|
8.45%
|
344.77
|
44–03
|
Wayland
|
3.88%
|
158.35
|
44–04
|
Winfield
|
4.59%
|
187.22
|
44–05
|
Coppock
|
0.14%
|
5.60
|
44–06
|
Hillsboro
|
0.72%
|
29.17
|
44–07
|
Mount Union
|
0.61%
|
24.80
|
44–08
|
Olds
|
0.90%
|
36.61
|
44–09
|
Rome
|
0.50%
|
20.47
|
44–10
|
Salem
|
1.84%
|
75.04
|
44–11
|
Westwood
|
0.47%
|
19.32
|
44–22
|
Unincorporated
|
41.64%
|
1,698.39
|
44–24
|
TOTAL
|
100.01%
|
4,079.00
|
|
|
|
|
HOWARD COUNTY
|
|
|
45–01
|
Cresco
|
33.63%
|
890.46
|
45–02
|
Elma
|
5.46%
|
144.46
|
45–03
|
Lime Springs
|
3.84%
|
101.62
|
45–04
|
Riceville
|
2.55%
|
67.62
|
45–05
|
Chester
|
1.39%
|
36.93
|
45–06
|
Protivin
|
2.56%
|
67.89
|
45–22
|
Unincorporated
|
50.57%
|
1,339.02
|
45–24
|
TOTAL
|
100.00%
|
2,648.00
|
|
|
|
|
HUMBOLDT COUNTY
|
|
|
|
|
|
|
IDA COUNTY
|
|
|
47–01
|
Holstein
|
0.00%
|
0.00
|
47–02
|
Ida Grove
|
0.00%
|
0.00
|
47–03
|
Battle Creek
|
0.00%
|
0.00
|
47–04
|
Arthur
|
0.00%
|
0.00
|
47–05
|
Galva
|
100.00%
|
502.00
|
47–22
|
Unincorporated
|
0.00%
|
0.00
|
47–24
|
TOTAL
|
100.00%
|
502.00
|
|
|
|
|
IOWA COUNTY
|
|
|
48–01
|
Marengo
|
12.99%
|
512.44
|
48–02
|
North English
|
5.16%
|
203.70
|
48–03
|
Williamsburg
|
13.92%
|
549.46
|
48–04
|
Victor
|
5.03%
|
198.48
|
48–05
|
Ladora
|
1.69%
|
66.76
|
48–06
|
Millersburg
|
1.01%
|
39.71
|
48–07
|
Parnell
|
1.13%
|
44.57
|
48–22
|
Unincorporated
|
59.07%
|
2,330.89
|
48–24
|
TOTAL
|
100.00%
|
3,946.01
|
|
|
|
|
JACKSON COUNTY
|
|
|
49–01
|
Maquoketa
|
27.57%
|
1,132.43
|
49–02
|
Bellevue
|
10.16%
|
417.47
|
49–03
|
Preston
|
4.40%
|
180.62
|
49–04
|
Sabula
|
2.94%
|
120.67
|
49–05
|
Andrew
|
1.78%
|
73.21
|
49–06
|
Baldwin
|
0.56%
|
22.88
|
49–09
|
Lamotte
|
1.28%
|
52.45
|
49–10
|
Miles
|
1.79%
|
73.61
|
49–11
|
Monmouth
|
0.68%
|
27.93
|
49–12
|
Spragueville
|
0.49%
|
19.98
|
49–13
|
Springbrook
|
0.69%
|
28.36
|
49–14
|
Zwingle
|
0.04%
|
1.52
|
49–15
|
St. Donatus
|
0.59%
|
24.05
|
49–22
|
Unincorporated
|
47.05%
|
1,932.82
|
49–24
|
TOTAL
|
100.02%
|
4,108.00
|
|
|
|
|
JASPER COUNTY
|
|
|
|
|
|
|
JEFFERSON COUNTY
|
|
|
51–01
|
Fairfield
|
53.68%
|
2,009.12
|
51–02
|
Batavia
|
2.61%
|
97.57
|
51–03
|
Coppock
|
0.00%
|
0.00
|
51–04
|
Libertyville
|
1.36%
|
51.08
|
51–05
|
Lockridge
|
1.33%
|
49.77
|
51–06
|
Packwood
|
1.09%
|
40.89
|
51–07
|
Pleasant Plain
|
0.61%
|
23.01
|
51–22
|
Unincorporated
|
39.32%
|
1,471.57
|
51–24
|
TOTAL
|
100.00%
|
3,743.01
|
|
|
|
|
JOHNSON COUNTY
|
|
|
|
|
|
|
JONES COUNTY
|
|
|
53–01
|
Anamosa
|
23.45%
|
838.70
|
53–02
|
Monticello
|
17.36%
|
620.69
|
53–03
|
Cascade
|
1.47%
|
52.56
|
53–04
|
Olin
|
3.06%
|
109.31
|
53–05
|
Oxford Junction
|
2.61%
|
93.35
|
53–06
|
Wyoming
|
3.00%
|
107.34
|
53–07
|
Center Junction
|
0.72%
|
25.65
|
53–09
|
Morley
|
0.36%
|
12.90
|
53–10
|
Onslow
|
0.93%
|
33.29
|
53–22
|
Unincorporated
|
47.04%
|
1,682.21
|
53–24
|
TOTAL
|
100.00%
|
3,576.00
|
|
|
|
|
KEOKUK COUNTY
|
|
|
|
|
|
|
KOSSUTH COUNTY
|
|
|
55–01
|
Algona
|
29.92%
|
958.43
|
55–02
|
Bancroft
|
4.02%
|
128.69
|
55–03
|
Burt
|
2.56%
|
81.95
|
55–04
|
Lu Verne
|
1.33%
|
42.62
|
55–05
|
Swea City
|
3.11%
|
99.68
|
55–06
|
Titonka
|
2.81%
|
89.86
|
55–07
|
Wesley
|
2.17%
|
69.55
|
55–08
|
West Bend
|
0.02%
|
0.78
|
55–09
|
Whittemore
|
2.48%
|
79.35
|
55–10
|
Fenton
|
1.59%
|
50.93
|
55–11
|
Lakota
|
1.23%
|
39.30
|
55–12
|
Ledyard
|
0.76%
|
24.42
|
55–13
|
Lone Rock
|
0.84%
|
26.96
|
55–22
|
Unincorporated
|
47.16%
|
1,510.51
|
55–24
|
TOTAL
|
100.00%
|
3,203.03
|
|
|
|
|
LEE COUNTY
|
|
|
56–01
|
Fort Madison
|
28.22%
|
1,734.87
|
56–02
|
Keokuk
|
30.66%
|
1,884.86
|
56–03
|
Donnellson
|
2.03%
|
124.60
|
56–04
|
Montrose
|
2.01%
|
123.71
|
56–05
|
West Point
|
2.28%
|
139.96
|
56–06
|
Franklin
|
0.30%
|
18.67
|
56–07
|
St. Paul
|
0.26%
|
16.22
|
56–08
|
Houghton
|
0.32%
|
19.81
|
56–22
|
Unincorporated
|
33.92%
|
2,085.30
|
56–24
|
TOTAL
|
100.00%
|
6,148.00
|
|
|
|
|
LINN COUNTY
|
|
|
57–13
|
Bertram
|
50.61%
|
789.08
|
57–16
|
Prairieburg
|
49.39%
|
769.92
|
57–24
|
TOTAL
|
100.00%
|
1,559.00
|
|
|
|
|
LOUISA COUNTY
|
|
|
|
|
|
|
LUCAS COUNTY
|
|
|
59–01
|
Chariton
|
84.07%
|
1,422.40
|
59–02
|
Russell
|
8.29%
|
140.24
|
59–03
|
Derby
|
1.95%
|
32.93
|
59–04
|
Lucas
|
3.33%
|
56.28
|
59–05
|
Williamson
|
2.37%
|
40.15
|
59–22
|
Unincorporated
|
0.00%
|
0.00
|
59–24
|
TOTAL
|
100.01%
|
1,692.00
|
|
|
|
|
LYON COUNTY
|
|
|
60–01
|
Rock Rapids
|
20.62%
|
512.84
|
60–02
|
George
|
8.22%
|
204.43
|
60–03
|
Doon
|
3.54%
|
88.12
|
60–04
|
Inwood
|
6.32%
|
157.07
|
60–06
|
Little Rock
|
3.65%
|
90.72
|
60–07
|
Alvord
|
1.50%
|
37.19
|
60–08
|
Lester
|
1.90%
|
47.27
|
60–22
|
Unincorporated
|
54.26%
|
1,349.38
|
60–24
|
TOTAL
|
100.01%
|
2,487.02
|
|
|
|
|
MADISON COUNTY
|
|
|
|
|
|
|
MAHASKA COUNTY
|
|
|
62–01
|
Oskaloosa
|
45.74%
|
1,948.57
|
62–02
|
Eddyville
|
0.67%
|
28.53
|
62–03
|
New Sharon
|
4.30%
|
183.04
|
62–04
|
Beacon
|
1.79%
|
76.14
|
62–05
|
University Park
|
2.27%
|
96.90
|
62–06
|
Barnes City
|
0.76%
|
32.32
|
62–07
|
Fremont
|
2.80%
|
119.16
|
62–08
|
Leighton
|
0.54%
|
22.81
|
62–09
|
Rose Hill
|
0.63%
|
26.78
|
62–10
|
Keomah Village
|
0.38%
|
16.14
|
62–22
|
Unincorporated
|
40.13%
|
1,709.62
|
62–24
|
TOTAL
|
100.01%
|
4,260.01
|
|
|
|
|
MARION COUNTY
|
|
|
|
|
|
|
MARSHALL COUNTY
|
|
|
64–01
|
Marshalltown
|
62.43%
|
4,418.97
|
64–02
|
State Center
|
2.72%
|
192.39
|
64–03
|
Albion
|
1.26%
|
89.15
|
64–04
|
Gilman
|
1.26%
|
89.09
|
64–05
|
Melbourne
|
1.45%
|
102.31
|
64–06
|
Clemons
|
0.36%
|
25.22
|
64–07
|
Ferguson
|
0.34%
|
24.14
|
64–08
|
Laurel
|
0.58%
|
41.15
|
64–09
|
LeGrand
|
1.80%
|
127.45
|
64–10
|
Liscomb
|
0.55%
|
38.94
|
64–11
|
Rhodes
|
0.57%
|
40.23
|
64–12
|
Saint Anthony
|
0.23%
|
16.49
|
64–13
|
Haverhill
|
0.30%
|
20.97
|
64–22
|
Unincorporated
|
26.16%
|
1,851.50
|
64–24
|
TOTAL
|
100.01%
|
7,078.00
|
|
|
|
|
MILLS COUNTY
|
|
|
65–02
|
Malvern
|
63.62%
|
659.72
|
65–03
|
Emerson
|
22.94%
|
237.86
|
65–05
|
Tabor
|
3.51%
|
36.44
|
65–07
|
Henderson
|
9.93%
|
102.98
|
65–24
|
TOTAL
|
100.00%
|
1,037.00
|
|
|
|
|
MITCHELL COUNTY
|
|
|
66–01
|
Osage
|
28.09%
|
767.47
|
66–02
|
St. Ansgar
|
8.91%
|
243.42
|
66–03
|
Riceville
|
4.30%
|
117.56
|
66–04
|
Stacyville
|
3.74%
|
102.17
|
66–05
|
Carpenter
|
0.79%
|
21.64
|
66–06
|
McIntire
|
1.12%
|
30.53
|
66–07
|
Mitchell
|
1.27%
|
34.78
|
66–08
|
Orchard
|
0.69%
|
18.73
|
66–22
|
Unincorporated
|
51.09%
|
1,395.69
|
66–24
|
TOTAL
|
100.00%
|
2,731.99
|
|
|
|
|
MONONA COUNTY
|
|
|
67–01
|
Onawa
|
24.96%
|
679.76
|
67–02
|
Mapleton
|
10.81%
|
294.47
|
67–03
|
Ute
|
3.22%
|
87.59
|
67–04
|
Whiting
|
6.66%
|
181.39
|
67–05
|
Blencoe
|
2.06%
|
55.99
|
67–06
|
Castana
|
1.25%
|
33.92
|
67–07
|
Moorhead
|
2.06%
|
56.17
|
67–08
|
Rodney
|
0.57%
|
15.42
|
67–09
|
Soldier
|
1.62%
|
44.09
|
67–10
|
Turin
|
0.73%
|
19.97
|
67–22
|
Unincorporated
|
46.06%
|
1,254.22
|
67–24
|
TOTAL
|
100.00%
|
2,722.99
|
|
|
|
|
MONROE COUNTY
|
|
|
|
|
|
|
MONTGOMERY COUNTY
|
|
|
69–01
|
Red Oak
|
48.44%
|
1,245.44
|
69–02
|
Villisca
|
9.11%
|
234.19
|
69–03
|
Stanton
|
4.68%
|
120.39
|
69–04
|
Coburg
|
0.37%
|
9.54
|
69–05
|
Elliott
|
2.73%
|
70.23
|
69–06
|
Grant
|
0.80%
|
20.59
|
69–22
|
Unincorporated
|
33.86%
|
870.63
|
69–24
|
TOTAL
|
99.99%
|
2,571.01
|
|
|
|
|
MUSCATINE COUNTY
|
|
|
70–01
|
Muscatine
|
53.40%
|
3,520.98
|
70–02
|
West Liberty
|
6.68%
|
440.13
|
70–03
|
Wilton
|
5.78%
|
381.11
|
70–04
|
Atalissa
|
0.71%
|
46.49
|
70–05
|
Conesville
|
0.67%
|
43.95
|
70–06
|
Nichols
|
0.75%
|
49.21
|
70–07
|
Stockton
|
0.38%
|
24.95
|
70–08
|
Durant
|
0.00%
|
0.00
|
70–10
|
Fruitland
|
1.02%
|
67.16
|
70–22
|
Unincorporated
|
30.62%
|
2,019.02
|
70–24
|
TOTAL
|
100.01%
|
6,593.00
|
|
|
|
|
O’BRIEN COUNTY
|
|
|
71–01
|
Sheldon
|
30.42%
|
1,115.07
|
71–02
|
Hartley
|
8.76%
|
321.22
|
71–03
|
Paullina
|
6.83%
|
250.45
|
71–04
|
Primghar
|
5.31%
|
194.75
|
71–05
|
Sanborn
|
7.63%
|
279.69
|
71–06
|
Sutherland
|
3.95%
|
144.86
|
71–07
|
Archer
|
0.80%
|
29.41
|
71–08
|
Calumet
|
0.89%
|
32.71
|
71–22
|
Unincorporated
|
35.40%
|
1,297.84
|
71–24
|
TOTAL
|
99.99%
|
3,666.00
|
|
|
|
|
OSCEOLA COUNTY
|
|
|
|
|
|
|
PAGE COUNTY
|
|
|
73–01
|
Clarinda
|
30.98%
|
1,025.17
|
73–02
|
Shenandoah
|
29.19%
|
965.83
|
73–03
|
Essex
|
4.52%
|
149.60
|
73–04
|
Blanchard
|
0.31%
|
10.32
|
73–05
|
Braddyville
|
1.01%
|
33.31
|
73–06
|
Coin
|
1.28%
|
42.32
|
73–07
|
College Springs
|
1.06%
|
35.04
|
73–08
|
Hepburn
|
0.18%
|
6.00
|
73–09
|
Northboro
|
0.35%
|
11.58
|
73–10
|
Shambaugh
|
0.85%
|
28.28
|
73–11
|
Yorktown
|
0.45%
|
14.95
|
73–22
|
Unincorporated
|
29.82%
|
986.61
|
73–24
|
TOTAL
|
100.00%
|
3,309.01
|
|
|
|
|
PALO ALTO COUNTY
|
|
|
74–01
|
Emmetsburg
|
33.02%
|
724.47
|
74–02
|
Graettinger
|
6.51%
|
142.90
|
74–03
|
Ruthven
|
5.74%
|
125.91
|
74–04
|
West Bend
|
6.79%
|
148.97
|
74–05
|
Ayrshire
|
1.50%
|
32.81
|
74–06
|
Curlew
|
0.44%
|
9.58
|
74–07
|
Cylinder
|
0.90%
|
19.74
|
74–08
|
Mallard
|
2.94%
|
64.43
|
74–09
|
Rodman
|
0.45%
|
9.94
|
74–22
|
Unincorporated
|
41.72%
|
915.25
|
74–25
|
TOTAL
|
100.01%
|
2,194.00
|
|
|
|
|
PLYMOUTH COUNTY
|
|
|
75–01
|
LeMars
|
0.00%
|
0.00
|
75–02
|
Akron
|
0.00%
|
0.00
|
75–03
|
Kingsley
|
43.35%
|
676.21
|
75–04
|
Remsen
|
0.00%
|
0.00
|
75–05
|
Merrill
|
22.40%
|
349.49
|
75–06
|
Brunsville
|
0.00%
|
0.00
|
75–07
|
Craig
|
0.00%
|
0.00
|
75–08
|
Hinton
|
24.56%
|
383.12
|
75–09
|
Oyens
|
3.42%
|
53.41
|
75–10
|
Struple
|
1.86%
|
29.01
|
75–11
|
Westfield
|
4.41%
|
68.76
|
75–22
|
Unincorporated
|
0.00%
|
0.00
|
75–24
|
TOTAL
|
100.00%
|
1,560.00
|
|
|
|
|
POCAHONTAS COUNTY
|
|
|
|
|
|
|
POLK COUNTY
|
|
|
77–10
|
Polk City
|
94.43%
|
2,431.66
|
77–15
|
Sheldahl
|
5.57%
|
143.34
|
77–24
|
TOTAL
|
100.00%
|
2,575.00
|
|
|
|
|
POTTAWATTAMIE COUNTY
|
|
|
78–01
|
Council Bluffs
|
62.75%
|
6,087.01
|
78–02
|
Avoca
|
1.56%
|
151.36
|
78–03
|
Carter Lake
|
3.32%
|
321.87
|
78–04
|
Oakland
|
1.49%
|
144.82
|
78–05
|
Carson
|
0.73%
|
70.64
|
78–06
|
Neola
|
0.91%
|
88.66
|
78–07
|
Walnut
|
0.90%
|
87.72
|
78–08
|
Crescent
|
0.43%
|
41.46
|
78–09
|
Hancock
|
0.21%
|
20.11
|
78–10
|
Macedonia
|
0.27%
|
25.76
|
78–11
|
McClelland
|
0.14%
|
13.36
|
78–12
|
Minden
|
0.55%
|
53.81
|
78–13
|
Treynor
|
0.97%
|
93.85
|
78–14
|
Underwood
|
0.53%
|
51.14
|
78–22
|
Unincorporated
|
25.25%
|
2,449.42
|
78–24
|
TOTAL
|
100.01%
|
9,700.99
|
|
|
|
|
POWESHIEK COUNTY
|
|
|
|
|
|
|
RINGGOLD COUNTY
|
|
|
|
|
|
|
SAC COUNTY
|
|
|
|
|
|
|
SCOTT COUNTY
|
|
|
82–01
|
Davenport
|
58.91%
|
9,084.05
|
82–02
|
Bettendorf
|
17.60%
|
2,714.62
|
82–03
|
Buffalo
|
0.78%
|
120.64
|
82–04
|
Durant
|
0.00%
|
0.15
|
82–05
|
LeClaire
|
1.58%
|
243.25
|
82–06
|
Blue Grass
|
0.68%
|
104.55
|
82–07
|
Eldridge
|
1.98%
|
305.12
|
82–08
|
Princeton
|
0.49%
|
75.95
|
82–09
|
Walcott
|
0.78%
|
120.71
|
82–10
|
Dixon
|
0.12%
|
18.83
|
82–11
|
Donahue
|
0.17%
|
26.90
|
82–12
|
Long Grove
|
0.32%
|
49.30
|
82–13
|
Maysville
|
0.09%
|
14.18
|
82–14
|
McCausland
|
0.17%
|
26.28
|
82–15
|
New Liberty
|
0.07%
|
10.73
|
82–16
|
Panorama Park
|
0.07%
|
10.52
|
82–18
|
Riverdale
|
0.41%
|
63.89
|
82–22
|
Unincorporated
|
15.76%
|
2,430.31
|
82–24
|
TOTAL
|
99.98%
|
15,419.98
|
SHELBY COUNTY
|
|
|
83–01
|
Harlan
|
0.00%
|
0.00
|
83–02
|
Elk Horn
|
21.58%
|
377.15
|
83–03
|
Shelby
|
20.36%
|
355.98
|
83–04
|
Defiance
|
10.55%
|
184.33
|
83–05
|
Earling
|
15.11%
|
264.05
|
83–06
|
Irwin
|
15.77%
|
275.65
|
83–07
|
Kirkman
|
2.88%
|
50.36
|
83–08
|
Panama
|
0.00%
|
0.00
|
83–09
|
Portsmouth
|
6.60%
|
115.33
|
83–10
|
Tennant
|
2.51%
|
43.85
|
83–11
|
Westphalia
|
4.65%
|
81.30
|
83–22
|
Unincorporated
|
0.00%
|
0.00
|
83–24
|
TOTAL
|
100.01%
|
1,748.00
|
|
|
|
|
SIOUX COUNTY
|
|
|
84–01
|
Hawarden
|
7.57%
|
439.89
|
84–02
|
Alton
|
3.30%
|
191.65
|
84–03
|
Hull
|
5.41%
|
314.38
|
84–04
|
Orange City
|
15.25%
|
885.71
|
84–05
|
Rock Valley
|
7.70%
|
447.22
|
84–06
|
Sioux Center
|
14.89%
|
864.53
|
84–07
|
Boyden
|
1.99%
|
115.38
|
84–08
|
Hospers
|
1.92%
|
111.23
|
84–09
|
Ireton
|
1.82%
|
105.78
|
84–10
|
Chatsworth
|
0.27%
|
15.76
|
84–11
|
Granville
|
0.88%
|
50.96
|
84–12
|
Matlock
|
0.26%
|
15.23
|
84–13
|
Maurice
|
0.69%
|
39.96
|
84–14
|
Sheldon
|
0.20%
|
11.50
|
84–22
|
Unincorporated
|
37.86%
|
2,198.81
|
84–24
|
TOTAL
|
100.01%
|
5,807.99
|
|
|
|
|
STORY COUNTY
|
|
|
85–01
|
Ames
|
59.23%
|
5,462.65
|
85–02
|
Nevada
|
7.65%
|
705.30
|
85–03
|
Story City
|
3.56%
|
328.57
|
85–04
|
Cambridge
|
0.80%
|
74.04
|
85–05
|
Colo
|
0.90%
|
83.12
|
85–06
|
Maxwell
|
0.90%
|
82.91
|
85–07
|
Roland
|
1.21%
|
112.03
|
85–08
|
Slater
|
1.57%
|
144.69
|
85–09
|
Zearing
|
0.70%
|
64.43
|
85–10
|
Collins
|
0.54%
|
49.52
|
85–11
|
Gilbert
|
0.94%
|
87.05
|
85–12
|
Kelley
|
0.29%
|
27.08
|
85–13
|
Huxley
|
2.39%
|
220.22
|
85–14
|
McCallsburg
|
0.35%
|
32.15
|
85–15
|
Sheldahl
|
0.17%
|
15.62
|
85–22
|
Unincorporated
|
18.80%
|
1,733.61
|
85–24
|
TOTAL
|
100.00%
|
9,222.99
|
|
|
|
|
TAMA COUNTY
|
|
|
TAYLOR COUNTY
|
|
|
|
|
|
|
UNION COUNTY
|
|
|
|
|
|
|
VAN BUREN COUNTY
|
|
|
|
|
|
|
WAPELLO COUNTY
|
|
|
90–01
|
Ottumwa
|
63.53%
|
2,992.16
|
90–02
|
Eldon
|
2.39%
|
112.55
|
90–03
|
Eddyville
|
1.95%
|
92.01
|
90–04
|
Agency
|
1.43%
|
67.42
|
90–05
|
Blakesburg
|
0.75%
|
35.37
|
90–06
|
Chillicothe
|
0.00%
|
0.00
|
90–07
|
Kirkville
|
0.38%
|
18.02
|
90–22
|
Unincorporated
|
29.56%
|
1,392.46
|
90–24
|
TOTAL
|
99.99%
|
4,709.99
|
|
|
|
|
WARREN COUNTY
|
|
|
|
|
|
|
WASHINGTON COUNTY
|
|
|
|
|
|
|
WAYNE COUNTY
|
|
|
|
|
|
|
WEBSTER COUNTY
|
|
|
94–01
|
Fort Dodge
|
59.12%
|
749.04
|
94–02
|
Gowrie
|
2.21%
|
28.06
|
94–03
|
Dayton
|
1.76%
|
22.33
|
94–04
|
Lehigh
|
1.17%
|
14.81
|
94–05
|
Otho
|
1.05%
|
13.32
|
94–06
|
Stratford
|
0.07%
|
0.85
|
94–07
|
Badger
|
1.17%
|
14.84
|
94–08
|
Barnum
|
0.36%
|
4.53
|
94–09
|
Callendar
|
0.78%
|
9.84
|
94–10
|
Clare
|
0.41%
|
5.16
|
94–11
|
Duncombe
|
1.00%
|
12.65
|
94–12
|
Harcourt
|
0.61%
|
7.74
|
94–13
|
Moorland
|
0.44%
|
5.63
|
94–14
|
Vincent
|
0.43%
|
5.49
|
94–15
|
Farnhamville
|
0.00%
|
0.00
|
94–22
|
Unincorporated
|
29.42%
|
372.73
|
94–24
|
TOTAL
|
100.00%
|
1,267.02
|
|
|
|
|
WINNEBAGO COUNTY
|
|
|
95–01
|
Forest City
|
32.35%
|
783.31
|
95–02
|
Buffalo Center
|
8.10%
|
196.09
|
95–03
|
Lake Mills
|
16.09%
|
389.59
|
95–04
|
Thompson
|
3.71%
|
89.91
|
95–05
|
Leland
|
2.12%
|
51.26
|
95–06
|
Rake
|
1.88%
|
45.57
|
95–07
|
Scarville
|
0.62%
|
15.07
|
95–22
|
Unincorporated
|
35.12%
|
850.20
|
95–24
|
TOTAL
|
99.99%
|
2,421.00
|
|
|
|
|
WINNESHIEK COUNTY
|
|
|
96–01
|
Decorah
|
35.03%
|
1,535.78
|
96–02
|
Calmar
|
4.27%
|
187.10
|
96–03
|
Ossian
|
3.44%
|
150.79
|
96–04
|
Castalia
|
0.69%
|
30.36
|
96–05
|
Fort Atkinson
|
1.41%
|
61.70
|
96–06
|
Jackson Junction
|
0.34%
|
14.95
|
96–07
|
Ridgeway
|
1.12%
|
49.08
|
96–08
|
Spillville
|
1.55%
|
67.79
|
96–22
|
Unincorporated
|
52.15%
|
2,286.46
|
96–24
|
TOTAL
|
100.00%
|
4,384.01
|
|
|
|
|
WOODBURY COUNTY
|
|
|
97–01
|
Sioux City
|
76.57%
|
8,918.64
|
97–02
|
Moville
|
1.07%
|
124.16
|
97–03
|
Anthon
|
0.53%
|
62.22
|
97–04
|
Correctionville
|
0.73%
|
85.50
|
97–05
|
Danbury
|
0.36%
|
42.30
|
97–06
|
Sergeant Bluff
|
2.46%
|
287.04
|
97–07
|
Sloan
|
0.78%
|
91.37
|
97–08
|
Cushing
|
0.20%
|
22.99
|
97–09
|
Hornick
|
0.19%
|
21.80
|
97–10
|
Lawton
|
0.40%
|
46.52
|
97–11
|
Oto
|
0.10%
|
11.28
|
97–12
|
Pierson
|
0.29%
|
33.96
|
97–13
|
Salix
|
0.30%
|
34.78
|
97–14
|
Smithland
|
0.20%
|
23.63
|
97–15
|
Bronson
|
0.17%
|
20.11
|
97–22
|
Unincorporated
|
15.64%
|
1,821.70
|
97–24
|
TOTAL
|
99.99%
|
11,648.00
|
|
|
|
|
WORTH COUNTY
|
|
|
98–01
|
Manly
|
14.12%
|
262.96
|
98–02
|
Northwood
|
21.37%
|
397.91
|
98–03
|
Fertile
|
3.86%
|
71.84
|
98–04
|
Grafton
|
2.90%
|
54.05
|
98–05
|
Hanlontown
|
2.19%
|
40.80
|
98–06
|
Joice
|
2.60%
|
48.47
|
98–07
|
Kensett
|
3.10%
|
57.77
|
98–22
|
Unincorporated
|
49.85%
|
928.21
|
98–24
|
TOTAL
|
99.99%
|
1,862.01
|
|
|
|
|
WRIGHT COUNTY
|
|
|
|
|
|
|
GRAND TOTAL
|
271,988.10
|
The following amendments are proposed.
ITEM 1. Amend 701—Chapter 107 by
adopting the following new rule:
701—107.16(422B) Recovery of fees. Beginning on
and after July 1, 2000, the department will charge all jurisdictions imposing
local option sales and service taxes a fee to recover direct costs incurred by
the department on and after July 1, 2000, in the administration of the local
option sales and service taxes. The term “local option sales and service
taxes”includes local option sales and service taxes imposed pursuant to
Iowa Code chapter 422B, as implemented by 701— Chapter 107, and also
includes local option school infrastructure sales and service taxes imposed
pursuant to Iowa Code chapter 422E and implemented by 701—Chapter
108.
107.16(1) How fees are determined. Fees to be imposed
on local option sales and service tax jurisdictions are for recovery of direct
costs incurred by the department beginning on and after July 1, 2000, in the
collection and distribution of the local option sales and service tax.
“Direct costs” include, but are not limited to, costs related
to taxpayer contacts and presentations, return processing, additional
data entry, increased error processing, estimation, audits, and distribution of
revenues. Fees do not include such indirect costs as policy and systems
development, general agency administrative costs and collection costs.
107.16(2) Computation of fees for each county. Fees
imposed to recover direct costs of administering local option sales and service
taxes by the department shall be based on the number of times the county occurs
on the returns processed by the department during the 2001 fiscal year. An
“occurrence” is defined as an entry on a quarterly sales tax
return reporting local option sales and service tax for a county. Each
occurrence represents the total taxable transactions for a county for the given
tax period. The department will divide the cost to be recovered
into four quarterly amounts. The number of occurrences in each quarter
will be divided into the quarterly cost to arrive at a cost per occurrence.
This amount is multiplied by the number of occurrences for a county, which will
determine the amount to be charged to each county.
107.16(3) Allocation of costs to eligible
jurisdictions within a county. The department will apply charges for each
eligible jurisdiction within each county against the estimated local
option sales and service tax payments due each eligible jurisdiction for
the months of October, January, April, and July of each fiscal year. For the
purpose of this rule, an eligible jurisdiction is an area entitled to receive
local option sales and service taxes. Each city or unincorporated area
shall receive the same proportionate shares of the cost as received in revenues
for that jurisdiction. Computation for the distribution of costs will be based
on the formula used for distribution of revenues for each jurisdiction. For
additional information regarding estimated payments see 701—
107.10(422B).
This rule is intended to implement 2000 Iowa Acts, House File
2545, section 28.
ITEM 2. Amend rule 701—108.4(422E)
as follows:
701—108.4(422E) Similarities to the local option
sales and service tax imposed in Iowa Code chapter 422B and 701—Chapter
107. The administration of the tax imposed under this chapter is similar to
the local option tax imposed under Iowa Code chapter 422B and 701—Chapter
107. As a result, a few of the rules set forth in 701—Chapter 107 are
also applicable and govern the local option sales and service school
infrastructure tax as well. Accordingly, the following rules are incorporated
by reference into this chapter and will govern their respective topics in
relation to the local option sales and school infrastructure tax:
1. to 4. No change.
5. 701—107.16(422B) Recovery of fees.
This rule is intended to implement Iowa Code section 422E.3
and 2000 Iowa Acts, House File 2545, section 28.
NOTICE—PUBLIC FUNDS INTEREST
RATES
In compliance with Iowa Code chapter 74A and section 12C.6,
the committee composed of Treasurer of StateMichael L. Fitzgerald,
Superintendent of Credit Unions James E. Forney, Superintendent of Banking
Holmes Foster, and Auditor of State Richard D. Johnson have established today
the following rates of interest for public obligations and special assessments.
The usury rate for July is 8.50%.
INTEREST RATES FOR PUBLIC
OBLIGATIONS AND ASSESSMENTS
74A.2 Unpaid Warrants Maximum 6.0%
74A.4 Special Assessments Maximum 9.0%
RECOMMENDED for 74A.3 and 74A.7: A rate equal to 75%
of the Federal Reserve monthly published indices for U.S. Government securities
of comparable maturities.
The rate of interest has been determined by a committee of the
state of Iowa to be the minimum interest rate that shall be paid on public funds
deposited in approved financial institutions. To be eligible to accept deposits
of public funds of the state of Iowa, a financial institution shall demonstrate
a commitment to serve the needs of the local community in which it is chartered
to do business. These needs include credit services as well as deposit
services. All such financial institutions are required to provide the committee
with a written description of their commitment to provide credit services in the
community. This statement is available for examination by citizens.
New official state interest rates, effective July 13, 2000,
setting the minimums that may be paid by Iowa depositories on public funds are
listed below.
TIME DEPOSITS
7–31 days Minimum 5.70%
32–89 days Minimum 5.80%
90–179 days Minimum 6.00%
180–364 days Minimum 6.10%
One year to 397 days Minimum 6.10%
More than 397 days Minimum 6.30%
These are minimum rates only. The one year and less are
four–tenths of a percent below average rates. Public body treasurers and
their depositories may negotiate a higher rate according to money market rates
and conditions.
Inquiries may be sent to Michael L. Fitzgerald, Treasurer of
State, State Capitol, Des Moines, Iowa 50319.
FILED EMERGENCY
ARC 9997A
AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]
Adopted and Filed Emergency After Notice
Pursuant to the authority of Iowa Code sections 159.5(11),
163.1, 166D.1 and 2000 Iowa Acts, Senate File 2312, the Department of
Agriculture and Land Stewardship hereby amends Chapter 64, “Infectious and
Contagious Diseases,” Iowa Administrative Code.
These amendments are intended to implement 2000 Iowa Acts,
Senate File 2312, which directs the Department of Agriculture and Land
Stewardship to adopt administrative rules implementing many statutory changes
relating to pseudorabies eradication in Iowa Code chapter 166D. These statutory
changes include the mandatory vaccination of pigs in certain parts of Iowa;
restrictions on movements of infected pigs, pigs from infected herds, and pigs
from herds of unknown status; and cleanup procedures for infected
herds.
There are no general waiver provisions in these amendments
because 2000 Iowa Acts, Senate File 2312, does not provide the Department
general waiver authority of its requirements. However, there are two specific
waiver provisions in the amendments that are authorized by the
legislation.
Notice of Intended Action was published in the Iowa
Administrative Bulletin on May 31, 2000, as ARC 9862A. In addition, a
public hearing was held at 10 a.m., Thursday, June 22, 2000, in the Auditorium,
Wallace State Office Building, East Ninth and East Grand, Des Moines,
Iowa.
The Department received 75 written comments, and 30 people
provided comments at the public hearing. Some of the comments have been
incorporated into the changes to the noticed amendments: provision for
extension of truck sealing waiver for up to four additional months, modification
of the testing requirements for off–site nurseries and finishing sites,
and some changes to provide clarification. Many of the comments were
supportive. Many of the comments sought modification of the amendments which
would put the rules at odds with statutory language.
Pursuant to Iowa Code section 17A.5(2)“b”(1),
these amendments became effective upon filing on July 6, 2000. This procedure is
mandated in 2000 Iowa Acts, Senate File 2312, section 23. The amendments were
published under Notice and subject to review at the June 13, 2000,
Administrative Rules Review Committee meeting.
These amendments are intended to implement 2000 Iowa Acts,
Senate File 2312, and Iowa Code chapters 163 and 166D.
These amendments became effective July 6, 2000.
The following amendments are adopted.
ITEM 1. Amend rule
21—64.147(163,166D) by adopting the following new
definition in alphabetical order:
“Restricted movement” means movement of swine in
accordance with 2000 Iowa Acts, Senate File 2312, section 17.
ITEM 2. Adopt new subrule
64.151(3) as follows:
64.151(3) Quarantine releasing procedures.
a. A herd of swine shall no longer be classified as a known
infected herd after removal of all positive swine and at least one of the
following three conditions have been met:
(1) All swine have been removed and the premises have been
cleaned and disinfected and maintained free of swine for 30 days or a period of
time determined adequate by an official pseudorabies epidemiologist.
(2) All swine seropositive to an official test have been
removed and all remaining swine, except suckling pigs, are tested and found
negative 30 days or more after removal of the seropositive animals.
(3) All swine seropositive to an official test have been
removed, and all breeding swine that remain in the herd and an official random
sample consisting of at least 30 animals from each segregated group of
grower–finisher swine over two months of age are tested and found negative
30 days or more after removal of the seropositive animals. A second test of
grower–finisher swine at least 30 days after the first test is
required.
b. In nurseries and finishing herds without any breeding swine
and where no pigs are received from quarantined premises, quarantines may be
released as follows:
(1) A negative official random–sample test consisting of
at least 30 animals from each segregated group, conducted at least 30 days
following depopulation with cleaning and disinfection of the premises and 7
days’ downtime, or
(2) A negative official random–sample test consisting of
at least 30 animals from each segregated group, conducted at least 30 days
following a similar negative official random–sample test.
A similar official random–sample test must then be
conducted between 60 and 90 days following quarantine release.
Any quarantine releasing procedure deviating from the above
procedures or Iowa Code section 166D.9 must be approved by the official
pseudorabies epidemiologist and the state veterinarian.
ITEM 3. Amend subrule 64.153(5) as
follows:
64.153(5) Beginning on October 1, 1999, all swine
located within three miles of a pseudorabies–infected herd are required to
be vaccinated with an approved pseudorabies vaccine within seven days of
notification by a regulatory official. One dose of vaccine shall be
administered to growing swine prior to 14 weeks of age or 100 pounds. Swine
over six months of age or greater than 200 pounds, used or intended to be used
for breeding, shall receive vaccine on a schedule designed to administer at
least four doses throughout a 12–month period. The department may require
a herd test to monitor both the pseudorabies status and the pseudorabies vaccine
status of the herd.
A waiver for this vaccination requirement may be issued by the
state veterinarian, based on epidemiological investigation and risk
determination. Herd testing, at a level determined by the pseudorabies
epidemiologist, will be required as a condition for issuance of a vaccination
waiver.
In addition, beginning April 19, 2000, all swine located in
a county designated as in Stage II of the national pseudorabies eradication
program are required to be vaccinated with a modified–live differentiable
vaccine. Breeding swine shall at a minimum receive quarterly vaccinations.
Feeder swine shall at a minimum receive one vaccination administered when the
swine reach 8 to 12 weeks of age or 100 pounds. These vaccination requirements
shall be waived if:
a. The swine are part of a herd’s being continuously
maintained as a qualified negative herd; or
b. The swine are part of a herd located within a county
where both of the following conditions apply:
(1) The department has determined that the county has a
six–month history of 0 percent prevalence of pseudorabies infection among
all herds in the county, and
(2) All contiguous counties have a 0 percent prevalence of
pseudorabies infection among herds in that county.
ITEM 4. Amend paragraph
64.154(2)“c” as follows:
c. Restricted movement slaughter swine.
When the department determines that a majority of herds within a program
area have been tested, all herds not tested within 12 months and all
(1) All infected herds not on an approved herd cleanup
plan shall only move swine directly to slaughter by restricted movement.
All animals from infected herds must move by restricted movement to slaughter
(slaughtering plant or fixed concentration point) or to an approved premises
detailed in the herd cleanup plan. The department may, until a herd plan is
approved and showing progress, require the movement of all slaughter swine by
“direct movement,” to slaughter only, by a Permit for Restricted
Movement to Slaughter which provides a description of the animals, the owner,
the consignee, the date of movement, the destination, and the identification or
vehicle seal number if applicable. These “restricted movement to
slaughter only swine” shall be individually identified by approved metal
ear tags applied at the farm of origin, if required. The
identification requirement is waived if the consignment of swine is sealed
within the transport vehicle at the farm of origin by an official seal available
from the department. The transportation vehicle must be sealed at
the farm of origin. This seal shall be applied by an accredited
veterinarian. This seal shall be removed by an accredited veterinarian, USDA
official, department official, or the person purchasing the swine upon arrival
of the consignment at the destination indicated on the Permit for Restricted
Movement to Slaughter.
The ear tags shall have an alphabetic or numeric numbering
system to provide unique identification with each herd, each lot, or each
individual swine. They shall be applied prior to movement and listed on the
Permit for Restricted Movement to Slaughter, if required. This Permit
for Restricted Movement to Slaughter shall be issued and distributed by an
accredited veterinarian as follows:
1. Original to accompany shipment.
2. Mail a copy to the department.
3. Veterinarian issuing permit will retain a copy.
(2) The vehicle sealing requirement may be waived by the
department. Written application for waiver must be directed to the state
veterinarian’s office, and written waivers may be granted for herds in
compliance with an approved herd cleanup plan. The minimal requirements for
granting a waiver shall be:
1. No clinical disease in the herd for the past 30
days.
2. Complete herd vaccination documentation.
3. Compliance with herd plan testing
requirements.
4. Concurrence of herd veterinarian and regulatory district
veterinarian.
No waiver shall be granted, and waivers already granted
shall be voided, for herds still classified as infected four months from the
initial infection date. The department may impose additional requirements on a
case–by–case basis.
The department may grant an extension to this waiver for a
period of up to four additional months on a case–by–case basis.
Written application for waiver extension must be directed to the state
veterinarian’s office, and written waivers may be granted for herds in
compliance with an approved herd cleanup plan.
ITEM 5. Amend subrule 64.156(2) as
follows:
64.156(2) Iowa monitored feeder pig herd.
a. Test requirements for a monitored feeder pig herd status
include a negative herd test every 12 six months of
randomly selected breeding animals according to the following
schedule:
1 – 10 head Test all
11 – 35 head Test 10
36 or more Test 30 percent or 30, whichever is less.
Effective July 1, 2000, all breeding herd locations in
Stage II counties must have a monitored or better status or move by restricted
movement.
b. A monitored identification card will be sent by
first–class mail to the herd owner shown on the test chart if test results
qualify the herd as monitored. An expiration date which is 12
six months from the date that the certifying tests were drawn will be
printed on the card.
It is the owner’s responsibility to retest the herd
annually semiannually. The monitored status is voided
on the date of expiration. A monitored herd status is revoked if:
(1) A positive test is recognized and interpreted by a
pseudorabies epidemiologist and interpreted as infected.
(2) Pseudorabies infection is diagnosed.
(3) Recertification test is not done on time.
(4) Not enough tests, according to herd size and vaccination
status, are submitted.
c. Additions of swine to a monitored herd shall be from
noninfected herds, according to Iowa Code section 166D.7.
d. Feeder pigs may be sold for further feeding without
additional testing while the “monitored” status is maintained and
the feeder pigs have been maintained on the same site as the breeding
herd.
e. Monitored, or higher, status feeder pigs sold may regain,
and maintain, monitored status by a negative test of all or a random sample of
30 head of each segregated group, whichever is less, within 30 days prior to
resale.
f. Nursery units located in counties with a county
pseudorabies prevalence of 3 percent or greater Stage II
counties and not in the vicinity of the breeding herd are required to
maintain a monitored status on the nursery unit in order for the swine to be
eligible to move be relocated to a finishing
premises, irrespective of whether there is a change of
ownership. An official random–sample test shall be required
for each segregated group of swine on an individual premises every six months
for the maintenance of this monitored status. These testing requirements
also apply to swine eligible for relocation movement.
Testing requirements for this random sampling are:
Test 10 head per building, minimum 14 head per
site.
Effective July 1, 2000, all nursery locations in Stage II
counties must have a monitored or better status or move by restricted
movement.
g. Off–site finishing units located in the
Stage II counties are required to maintain a monitored status on the finishing
unit in order for the swine to be eligible to be sold to slaughter. An official
random–sample test will be required for each segregated group of swine on
an individual premises every six months for the maintenance of this monitored
status. These testing requirements also apply to swine eligible for relocation
movement. Testing requirements for this random sampling are:
Test 10 head per building, minimum 14 head per
site.
Effective July 1, 2000, all finishing locations in Stage II
counties must have a monitored or better status or move by restricted
movement.
ITEM 6. Amend paragraph
64.156(3)“a” as follows:
a. Recertification of a qualified differentiable negative herd
will include quarterly or monthly testing, as detailed in Iowa
Code section 166D.7. A minimum of 14 five breeding
swine or 10 percent of the breeding herd, whichever is greater, must be
tested each quarter month. If the total number
of breeding swine in the herd is less than 14, then all breeding swine shall be
tested.
ITEM 7. Amend rule 21—64.157(166D)
as follows:
21—64.157(166D) Herd cleanup plan for infected herds
(eradication plan).
64.157(1) The herd cleanup plan shall be a written
plan approved and on file with the department.
64.157(2) The herd cleanup plan shall
contain:
a. Owner’s name, location and herd number.
b. Type of herd plan selected, e.g., offspring segregation,
test and removal, depopulation.
c. Description of the plan, which shall include the
following requirements:
(1) The breeding herd shall be maintained on an approved
vaccination program, at least four times per year;
(2) The progeny shall be weaned and segregated by five weeks
of age or less, and progeny group isolation shall be maintained according to the
terms of the herd plan;
(3) The herd must be visited on a regular basis (at least
quarterly) by the herd veterinarian to monitor progress of the herd cleanup
plan. This will include monthly testing if applicable, overseeing management
procedures which may include all–in–,
all–out swine movement, ventilation, sanitation, disinfection, and vaccine
handling;
(4) Vaccine shall be administered to the progeny swine at
least once, or more often if required by the herd plan;
(5) Feeder pig movement or relocation from the premises of
origin must be detailed in writing in the herd cleanup plan. Feeder pig
movement or relocation from the premises of origin will only be allowed to
approved premises and must be detailed in writing in the herd cleanup plan.
Movement will not be allowed from the herd if the herd has experienced
clinical symptoms of pseudorabies in the past 30 days. If this
movement, or relocation, involves more than one district veterinarian’s
area, all participants must concur with the cleanup plan. Effective
March 15 April 19, 2000, all movements from infected
premises, except to slaughter, shall be
accompanied by an Iowa Restricted Movement
Permit restricted movement. “Movement” in this paragraph
includes movement to a premises in the production system not in the vicinity of
the current location, irrespective of whether there is a change of
ownership;
(6) Culled breeding swine must move by restricted
movement directly to slaughter (slaughtering plant or fixed concentration
point) or to an approved premises in compliance with Iowa Code section 166D.10
as amended by 2000 Iowa Acts, Senate File 2312, section 16, and as detailed in
the herd cleanup plan. No swine moved from infected herds may be
represented as breeding swine;
(7) All herd plans for infected herds identified prior
to August 1, 1999, shall be designed to complete herd cleanup before January 1,
2000. Herds identified as infected on or after August 1, 1999, with
breeding swine, shall implement a test and removal herd cleanup plan which
allows for the phased test and removal of bred animals for one farrowing cycle,
followed by a whole herd test and removal plan. Effective August 1, 2000, a
whole herd test and removal plan shall be implemented for all infected breeding
herds. The herd plan shall include the following:
1. All breeding swine, including boars, shall be tested within
14 days of the herd’s being classified as infected. Testing shall also
include progeny, if applicable.
2. All breeding swine must be identified by an approved ear
tag, or other approved identification method, at the time of blood
collection.
3. All Until August 1, 2000, all
seropositive, unbred breeding swine must be removed from the herd by
restricted movement, direct to slaughter (slaughtering plant or fixed
concentration point), within 15 days after blood collection. All
seropositive, bred swine must be removed from the herd by restricted
movement, direct to slaughter (slaughtering plant or fixed concentration
point), within 15 days of weaning. All replacement breeding stock must be
vaccinated prior to addition into the herd and must be retested 60 days after
entry into the herd. Effective August 1, 2000, all seropositive animals,
bred or unbred, must be removed from the herd by restricted movement, direct to
slaughter (slaughtering plant or fixed concentration point), within 15 days of
the whole herd test. All known positive animals in the herd on August 1, 2000,
must be removed from the herd by restricted movement, direct to slaughter
(slaughtering plant or fixed concentration point), by August 15,
2000.
4. A whole herd test shall be required within 30 days after
the removal of the last known positive animal. Any additional seropositive
animals must be removed from the herd by restricted movement, direct to
slaughter, within 15 days of the collection date. Whole herd retests shall be
required at 30–day intervals, with removal of positive animals within 15
days of the test, until it has been determined that the herd is
noninfected.
5. Seropositive swine must be removed from the herd, by
restricted movement, direct to a buying station or to a slaughtering
establishment.
All swine movement from infected herds must be by
restricted movement directly to slaughter or to an approved premises as
detailed in the herd cleanup plan according to
64.154(2)“c,” unless exempted by a “feeder pig
cooperator” plan.
When a herd is designated a noninfected herd, or has been
depopulated, by procedures detailed in Iowa Code section 166D.9, the plan is
completed.;
(8) Beginning October 1, 1999, a herd cleanup plan shall be
implemented for all infected finishing herds which shall include the
following:
1. A description of the premises, including the location,
capacity, physical layout, owner’s name, and herd number.
2. Vaccination requirements:
• Every animal, unless such
animal is within three weeks of anticipated slaughter, must be vaccinated with
an approved pseudorabies vaccine within seven days of notification by a
regulatory official.
• New animals introduced
into the infected premises are to be vaccinated with an approved pseudorabies
vaccine according to the timetable outlined in the herd plan.
• If, through subsequent
testing, additional buildings on the site are determined to be infected, all
swine on the site shall be revaccinated managed by
all–in, all–out production.
3. Testing requirements:
• A minimum of 14 swine,
selected randomly, per building, shall be tested immediately.
• Swine shall be retested,
at a minimum of 14 animals, selected randomly, per building, every 45 days, if
necessary, until the premises are determined to be noninfected.
4. Description, restrictions, and requirements of pig flow
through the facilities.
5. All movements from infected finishing sites shall be by
restricted movement and only to slaughter.
d. Specific movement limitations which may include approved
destination locations, “restricted movement to slaughter,” or other
appropriate animal movement control measures.
e. Signatures of the herd owner, the owner’s
veterinarian, and the epidemiologist or the epidemiologist’s
representative.
64.157(3) and 64.157(4) No change.
64.157(5) If this herd cleanup plan is not followed,
is discontinued, or is not progressing in a satisfactory manner as determined by
the department, the herd is a quarantined herd and is subject to
“restricted movement to slaughter,” according to
64.154(2)“c,” 2000 Iowa Acts, Senate File
2312, section 17, until a new and approved cleanup plan is in place and
showing progress according to a designated epidemiologist.
64.157(6) No change.
64.157(7) A deviation from a herd cleanup plan may be
used in exigent circumstances if the deviation has the approval, in
writing, of the epidemiologist and the state veterinarian.
ITEM 8. Amend rule
21—64.158(166D)as follows:
21—64.158(166D) Feeder pig cooperator plan for
infected herds.
64.158(1) A feeder pig cooperator plan shall be a
written plan approved and on file with the department.
64.158(2) Feeder Pig Cooperator Plan
Agreement—revised effective April 1, 1995.
Feeder Pig Cooperator Plan Agreement—Revised
Date:
Herd I.D. Number:
Owner’s Name:
Address:
Telephone Number:
The Feeder Pig Cooperator Plan Agreement shall include the
following:
1. The herd has not experienced clinical signs of pseudorabies
within the previous 30 days.
2. Maintain the breeding herd on an approved vaccination
program, at least four times per year.
3. Wean and segregate progeny by five weeks of age or less and
maintain progeny group isolation until moved as feeder pigs.
4. The herd must be visited at least quarterly by the herd
veterinarian to monitor progress of herd cleanup plan; this shall include
quarterly testing, if applicable, overseeing management procedures including
all–in, all–out swine movement, ventilation, animal waste handling,
sanitation, disinfection and vaccine handling.
5. Feeder pigs may be marketed or moved intrastate as
cooperator pigs of unknown status by restricted movement to
approved premises detailed in the herd cleanup plan provided that all
requirements of this plan are followed.
6. All feeder pigs must be vaccinated prior to sale. Vaccine
shall be administered according to individual’s herd plan.
7. All feeder pigs must be identified prior to sale with an
official pink feeder pig ear tag, or a tattoo, approved by the department,
beginning with the letters PR. All movement of feeder pigs from the herd
shall be by restricted movement and only be allowed to approved premises
detailed in the herd cleanup plan. The producer shall obtain a
health certificate (which must include a permit number from the department) from
the herd veterinarian prior to movement from premises of origin and said health
certificate shall accompany each shipment. All feeder pigs are
quarantined to farm of destination until sold to slaughter. Movement to
slaughter must be by restricted movement.
8. Breeding swine shall move directly to slaughter, or
an approved premises in compliance with Iowa Code section 166D.10 as amended
by 2000 Iowa Acts, Senate File 2312, section 16, and as detailed in the herd
cleanup plan, and by restricted movement. No swine from infected herds may
be represented as breeding swine.
9. The producer shall maintain a record of all test charts,
all sales transactions by way of health certificates or restricted movement
permits, and vaccine purchases for at least two years. These records shall
be available to department officials upon request.
10. When this herd is determined, through procedures as
detailed in Iowa Code section 166D.9, to become a noninfected herd or is
depopulated, the plan is completed.
11. I agree, if this plan is not followed, is discontinued, or
is not progressing in a satisfactory manner as determined by the department, the
herd is a quarantined herd and subject to restricted movement, direct to
slaughter or to an approved premises.
I am currently enrolled in an approved herd cleanup plan. I
further agree to comply with all the requirements contained in this Feeder Pig
Cooperator Plan Agreement.
Herd Owner: Date:
Herd Veterinarian: Date:
ITEM 9. Amend rule 21—64.160(166D)
as follows:
21—64.160(166D) Approved premises. The purpose
of an approved premises is to maintain feeder swine and feeder pigs under
quarantine with movement either direct to slaughter or to another approved
premises. A person shall not accept swine from a quarantined herd or
untested breeding swine for the purpose of feeding without receiving an approved
premises permit from the department. Effective June 1, 2000, all
swine moved or relocated from an infected herd on an approved herd cleanup plan
may only move by restricted movement to an approved premises for further feeding
or to slaughter (slaughtering plant or fixed concentration point).
64.160(1) The following are requirements establishing,
renewing, or revoking an approved premises permit:
a. A permit application, as part of the herd cleanup
plan, must indicate the name of the premises operator and address of the
premises.
b. To be valid, an approved premises must be detailed as
part of a herd cleanup plan and approved application must be
completed and signed by a department or inspection service official
and the premises operator certifying that the facility meets
the following guidelines:
(1) Must be a dry lot facility located in an area of confirmed
cases of pseudorabies.
(2) Shall not be in the vicinity of a breeding herd.
Effective June 1, 2000, an approved premises shall not be located in a county
designated as in Stage III of the national pseudorabies eradication program, nor
shall it be located in a county which has achieved 0 percent prevalence of
pseudorabies infection among all herds in the county as of March 1, 2000, or
later. Effective August 1, 2000, an approved premises shall not be located
within one and one–half miles of a noninfected herd or three miles of a
qualified negative herd.
(3) Shall be built such that it can be thoroughly cleaned and
disinfected.
(4) The lay of the land or the facilities shall not be
conducive to animal waste draining onto adjacent property.
(5) Only feeder swine and cull swine may be moved onto
this premises. Boars and sows are to be maintained separate and
apart.
(6) Swine on the premises must be maintained in isolation from
other livestock.
c. Annual renewal is required on or before December
31.
d c. The permittee must provide to the
department or inspection service, during normal business hours, access to the
approved premises and to all required records. Records of swine transfers must
be kept for at least one year. The rec–ords shall include information
about purchases and sales, names of buyers and sellers, the dates of
transactions, and the number of swine involved with each transaction.
e d. Feeder
swine Swine must be vaccinated for pseudorabies at the
owner’s expense upon arrival at the approved premises
according to the herd cleanup plan. Vaccination identification
tagging is not required; however, the number of swine vaccinated, vaccine
product description, name, address, and signature of owner/owner’s
representative and signature of veterinarian distributing the vaccine, are
required to be submitted to the department on a Pseudorabies Vaccination
Statement provided by the department. This statement is to be submitted within
ten days records must be available for inspection during normal
business hours.
f e. Dead swine must be disposed of in
accordance with Iowa Code chapter 167. The dead swine must be held so as to
prevent animals, including wild animals and livestock, from reaching the dead
swine.
g f. Swine must be moved direct to
slaughter accompanied by a transportation certificate or to
another approved premises by restricted movement and as detailed in the herd
cleanup plan with a certificate of inspection, including the
identification number of the approved premises of
destination.
h g. An approved premises permit may
be revoked by following quarantine release methods as detailed in Iowa Code
section 166D.9, or failure to comply with departmental operation rules, or if
swine have been removed from the premises for a period of 12 or more
months.
i h. Renewal of an approved premises
will not be permitted when:
(1) Six months following the date that a program area
has tested a majority of herds and 90 percent or greater of these herds are
determined to be noninfected.
(1) The approved premises is not compliant with the
requirements of this rule.
(2) For noncompliance with requirements of this
rule.
(3) Application for renewal has not been
made.
(4) (2) Federal law prohibits
approved premises.
(3) The approved premises no longer is part of an approved
herd cleanup plan, or the county where the approved premises is located no
longer allows approved premises or the site of the approved premises no longer
complies with requirements.
j i. Failure to
renew Revocation of an approved premises
application will result in the issuance of a quarantine by the
department effective until quarantine release methods have been followed as
detailed in Iowa Code section 166D.9, or the approved premises has been
depopulated by restricted movement to slaughter or to another approved premises
as detailed in the herd cleanup plan.
64.160(2) An approved premises identification
card will be sent by first–class mail to the premises owner or
owner’s agent when the permit application has been approved according to
the requirements of this rule. The expiration date will be printed on the
card. will be considered permitted as long as the approved premises
is compliant with all regulations and is part of an approved herd cleanup
plan.
ITEM 10. Amend rule 21—64.161(166D)
as follows:
21—64.161(166D) Sales to approved premises.
After March 31, 1995 June 1, 2000, all feeder pigs
and feeder swine and cull swine except those from
“noninfected herds” must be moved directly to an approved
premises, or through a Class IV market to an approved premises,
by restricted movement for further feeding; however, these pigs may
continue to move as cooperator pigs of unknown status if a
“Feeder Pig Cooperator Plan Agreement—Revised” is approved by
the department and movement is permitted by the department.
[Filed Emergency After Notice 7/6/00, effective
7/6/00]
[Published 7/26/00]
EDITOR’S NOTE:
For replacement pages for IAC, see IAC Supplement 7/26/00.
ARC 9993A
HUMAN SERVICES
DEPARTMENT[441]
Adopted and Filed Emergency
Pursuant to the authority of 2000 Iowa Acts, House File 2555,
section 3, subsection 3, paragraph “b,” the Risk Pool Board
established by Iowa Code section 426B.5(3)“b” hereby amends Chapter
25, “Disability Services Management,” appearing in the Iowa
Administrative Code.
The Seventy–eighth General Assembly, in 2000 Iowa Acts,
House File 2555, section 3, as amended by Senate File 2452, section 4, provided
an appropriation from the Tobacco Settlement Fund to establish a risk pool fund.
This fund is established to provide assistance to counties with limited county
mental health, mental retardation, and developmental disabilities services fund
balances to pay reimbursement increases to certain service providers that have
increased the compensation of their service staff in state fiscal year
2001.
Any county wishing to receive assistance from the Tobacco
Settlement Fund risk pool must apply to the Risk Pool Board by September 25,
2000. The legislature appropriated $2 million for the fund for fiscal year
2001. The total amount of Tobacco Settlement Fund risk pool assistance to
counties shall be limited to the amount available in the risk pool for a fiscal
year. If the total amount of eligible assistance exceeds the amount available
in the risk pool, the Risk Pool Board shall prorate among the counties eligible
for assistance the amount of assistance or adjust the percentage rate increase
allowed to providers. These rules contain provisions for repaying the risk pool
funds under specified conditions.
These rules do not provide for waivers in specified situations
because the requirements for eligibility for funds and for awarding and
repayment of funds are all stated in the statute. These requirements cannot be
waived by rule.
In compliance with Iowa Code section 17A.4(2), the Risk Pool
Board finds that notice and public participation are unnecessary because these
rules implement 2000 Iowa Acts, House File 2555, section 3, subsection 3,
paragraph “b,” which authorizes the Risk Pool Board to adopt rules
without notice and public participation.
The Risk Pool Board also finds, pursuant to Iowa Code section
17A.5(2)“b”(1), that the normal effective date of these rules should
be waived and these rules made effective August 1, 2000, as authorized by 2000
Iowa Acts, House File 2555, section 3, subsection 3, paragraph
“b.”
These rules are also published herein under Notice of Intended
Action as ARC 9994A to allow for public comment.
The Risk Pool Board adopted these rules June 29,
2000.
These rules are intended to implement 2000 Iowa Acts, House
File 2555, section 3, as amended by Senate File 2452, section 4.
These rules shall become effective August 1, 2000.
The following rules are adopted.
ITEM 1. Reserve rules
441—25.67 to 441—25.70.
ITEM 2. Amend 441—Chapter 25 by
adopting the following new Division VI.
DIVISION VI
TOBACCO
SETTLEMENT FUND RISK POOL FUNDING
PREAMBLE
These rules provide for use of an appropriation from the
tobacco settlement fund to establish a risk pool fund which may be used by
counties with limited county mental health, mental retardation and developmental
disabilities services funds to pay for increased compensation of the service
staff of eligible purchase of service (POS) providers and establish the
requirements for counties for receiving and repaying the funding.
Implementation of the rate increases contemplated by the tobacco settlement fund
in a timely manner will require cooperation among all eligible counties and
providers.
441—25.71(78GA,HF2555) Definitions.
“Adjusted actual cost” means a POS
provider’s cost as computed using the financial and statistical report for
the provider’s fiscal year which ended during the state fiscal year
beginning July 1, 1998 (state fiscal year 1999), as adjusted by multiplying
those actual costs by 103.4 percent or the percentage adopted by the risk pool
board in accordance with 2000 Iowa Acts, House File 2555, section 3, subsection
3, paragraph “c.”
“Department” means the Iowa department of human
services.
“Division” means the mental health and
developmental disabilities division of the department of human
services.
“Financial and statistical report” means a report
prepared by a provider and submitted to host counties that is prepared in
accordance with department rules for cost determination set forth in
441—Chapter 150.
“Host county” means the county in which the
primary offices of a POS provider are located. However, if a POS provider
operates separate programs in more than one county, “host county”
means each county in which a separate program is operated.
“Purchase of service provider” or “POS
provider” means a provider of sheltered work, work activity, supported
employment, job placement, enclave services, adult day care, transportation,
supported community living services, or adult residential services paid by a
county from the county’s services fund created in Iowa Code section
331.424A under a state purchase of service or county contract.
“Risk pool board” means that board established by
Iowa Code section 426B.5, subsection 3.
“Separate program” means a POS service operated in
a county other than the county in which the provider’s home office is
located and for which the provider allocates costs separately from similar
programs located in the county where the provider’s home office is
located.
“Services fund” means the fund defined in Iowa
Code section 331.424A.
“Tobacco settlement fund loan” or “TSF
loan” means the tobacco settlement fund risk pool funds a county received
in a fiscal year in which the county did not levy the maximum amount allowed for
the county’s mental health, mental retardation, and developmental
disabilities services fund under Iowa Code section 331.424A. The repayment
amount shall be limited to the amount by which the actual amount levied was less
than the maximum amount allowed.
441—25.72(78GA,HF2555) Risk pool board. The
risk pool board is organized and shall take action and keep minutes and records
as set out in rule 441—25.62(426B).
A risk pool board member cannot be a part of any presentation
to the board of that board member’s county’s application for tobacco
settlement fund risk pool funds nor can the board member be a part of any action
pertaining to that application. If a risk pool board member is employed by or
is a board member of a POS provider whose increases in compensation caused the
host county to apply to the fund, the board member cannot be a part of any
presentation to the board nor can the board member be a part of any action
pertaining to that application.
441—25.73(78GA,HF2555) Rate–setting
process. For services provided on or after July 1, 2000, each county shall
increase its reimbursement rates for each program to the lesser of the adjusted
actual cost or 105 percent of the rate paid for services provided on June 30,
2000.
25.73(1) Financial and statistical report.
Each provider of POS services shall submit a financial and statistical report to
each host county for each program that the provider operates within that county.
These reports shall include actual costs for each separate program for the
provider’s fiscal year that ended during state fiscal year 1999 and state
fiscal year 2000. These reports shall be submitted to the central point of
coordination (CPC) administrator of the host county or counties no later than
August 15, 2000.
25.73(2) Rate determination. The CPC
administrator in each host county shall receive and review provider financial
and statistical reports for each separate program for which that county is the
host county. If the host county determines that all or part of the
provider’s increase in costs is attributable to increases in service staff
compensation and that the adjusted actual cost is more than the rate paid by the
county on June 30, 2000, the CPC administrator shall notify the provider in
writing of the new rate for each program no later than September 1,
2000.
If a rate paid for services provided on June 30, 2000, exceeds
the adjusted actual cost, the county shall not be required to adjust the rate
for services provided on or after July 1, 2000.
The provider shall, no later than September 11, 2000, send to
the CPC administrator of any other counties with consumers in those programs a
copy of the rate determination signed by the CPC administrator of the host
county. A county may delay payment of the reimbursement rate established
pursuant to this subrule until the risk pool board has completed action as to
adopting or not adopting a different percentage for the definition of adjusted
actual cost, provided however that any increased rates required by 2000 Iowa
Acts, House File 2555, section 3, subsection 2, paragraph “c,” shall
be paid retroactively for all services provided on or after July 1,
2000.
25.73(3) Exemptions.
a. A POS provider that has negotiated a reimbursement rate
increase with a host county as of July 1, 2000, has the option of exemption from
the provisions of these rules. However, a county shall not be eligible to
receive tobacco settlement funds for any rates established outside of the
process established in these rules.
b. Nothing in these rules precludes a county from increasing
reimbursement rates of POS providers by an amount that is greater than that
specified in these rules. However, a county shall not be eligible for tobacco
settlement funds for the amount of any rate increase in excess of the amount
established pursuant to these rules.
441—25.74(78GA,HF2555) Application
process.
25.74(1) Who may apply. If a county determines that
payment of POS provider rates in accordance with these rules will cause the
county to expend more funds in FY2001 than budgeted for POS services, the county
may apply for assistance from the tobacco settlement fund. However, any fiscal
year 2000 projected accrual basis fund balances in excess of 25 percent of
fiscal year 2000 services fund gross expenditures will reduce the amount for
which a county is eligible. In considering the cost of implementing these
provisions, a county shall not include the cost of rate increases granted to any
providers who fail to complete financial and statistical reports as provided in
these rules.
25.74(2) How to apply. The county shall send the
original and 15 copies of Form 470–3768, Tobacco Settlement Fund Risk Pool
Application, to the division. The division must receive the application no
later than 4:30 p.m. on September 25, 2000. Facsimiles and electronic mail are
not acceptable. The application shall be signed and dated by the chairperson of
the county board of supervisors, the county auditor, and the CPC administrator.
Staff of the division shall notify each county of receipt of the county’s
application.
25.74(3) Request for additional information. Staff
shall review all applications for completeness. If an application is not
complete, staff of the division shall contact the county by October 5, 2000, and
request the information needed to complete the application. The county shall
submit the required information by October 16, 2000.
441—25.75(78GA,HF2555) Methodology for awarding
tobacco settlement fund risk pool funding.
25.75(1) Review of applications. The risk pool board
shall review all of the applications from counties for assistance from the
tobacco settlement fund. If the total amount requested from the tobacco
settlement fund does not exceed $2 million, eligible counties shall be awarded
funding pursuant to this division. The risk pool board shall determine for each
county whether any or all of the assistance granted to that county is a TSF
loan.
25.75(2) Notice of decision. The risk pool board
shall notify the chair of the applying county’s board of supervisors of
the board’s action no later than November 3, 2000. Copies shall be sent
to the county auditor and the CPC administrator.
25.75(3) Distribution of funds. The total amount of
the risk pool shall be limited to $2 million. If the total dollar amount of the
eligible applications exceeds the available pool, the risk pool board shall
revise the percentage adjustment to actual cost to arrive at adjusted actual
cost as defined in this division and prorate funding to the eligible counties.
If it becomes necessary to revise the percentage adjustment used to determine
adjusted actual cost, the risk pool board shall determine if applicant counties
remain eligible under this program.
25.75(4) Notification of adjustment. If the risk pool
board rolls back the percentage adjustment used to determine adjusted actual
cost, the risk pool board shall notify the chair of the board of supervisors of
all counties, and copies shall be sent to the county auditor and the CPC
administrator of each county. Each host county shall recalculate the
reimbursement rate under this division using the revised adjusted actual cost
percentage and notify each provider in writing of the revised rate within 30
days of receiving notice of the percentage adjustment. The provider shall,
within 30 days of receipt of notice, send to the CPC administrator of any other
counties with consumers in those programs a copy of the revised rate
determination signed by the CPC administrator of the host county.
441—25.76(78GA,HF2555) Repayment
provisions.
25.76(1) Required repayment. Counties shall be
required to repay TSF loans by January 1, 2002. Repayments shall be credited to
the tobacco settlement fund.
25.76(2) Notification to county. In the notice of
decision provided pursuant to these rules, the chairperson of the risk pool
board shall notify each county of the portion, if any, of the assistance that is
considered a TSF loan. If a county fails to reimburse the tobacco settlement
fund by January 1, 2002, the board may request a revenue offset through the
department of revenue and finance. Copies of the overpayment and request for
reimbursement shall be sent to the county auditor and the CPC administrator of
the county.
441—25.77(78GA,HF2555) Appeals. The risk pool
board may accept or reject an application for assistance from the tobacco
settlement fund risk pool fund in whole or in part. The decision of the board
is final and is not appealable.
These rules are intended to implement 2000 Iowa Acts, House
File 2555, section 3, as amended by Senate File 2452, section 4.
[Filed Emergency 7/5/00, effective 8/1/00]
[Published 7/26/00]
EDITOR’S NOTE:
For replacement pages for IAC, see IAC Supplement 7/26/00.
ARC 9985A
PERSONNEL
DEPARTMENT[581]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code sections 19A.9 and
509A.8 and chapter 70A, the Department of Personnel hereby amends Chapter 1,
“Definitions,” Chapter 2, “Coverage and Exclusions,”
Chapter 4, “Pay,” Chapter 5, “Recruitment, Application and
Examination,” Chapter 6, “Eligible Lists,” Chapter 7,
“Certification and Selection,” Chapter 8,
“Appointments,” Chapter 9, “Probationary Period,”
Chapter 10, “Promotion, Transfer, Temporary Assignment, Reassignment and
Voluntary Demotion,” and Chapter 15, “Benefits,” Iowa
Administrative Code.
The purpose of the amendments is to comply with statutory
changes enacted by the Seventy–eighth General Assembly in 2000 Iowa Acts,
House File 2463, signed by the Governor on May 8, 2000. The statutory changes
were made to provide enhanced flexibility to executive branch agencies in the
recruitment and selection of candidates to fill state government jobs.
Additionally, the emergency and intermittent types of temporary employments have
been consolidated in a single appointment type, and the duration of appointments
has been made consistent. The legislation also includes clarifying language
regarding the exclusion of division administrators and policy–making
positions from the merit system. 2000 Iowa Acts, House File 2463, section 12,
changes the period of time former employees who resigned in good standing are
eligible for reinstatement to an executive branch job from two years to an
indefinite period. Finally, the statute establishes a deferred compensation
funds match program that allows eligible employee contributions to be matched by
the state in a qualified retirement savings investment program.
In compliance with Iowa Code section 17A.4(2), the Department
finds that notice and public participation are unnecessary because the
amendments simplify the procedures relating to obtaining employment with the
state, provide flexibility to the employment process associated with state
government operations, and retroactively provide benefits to former state
employees who resigned in good standing. The amendments thereby benefit the
public in seeking employment and by requiring executive branch departments to
base hiring decisions on merit principles of employment. Notice and public
comment are also impracticable because of the immediate need to implement
provisions of the statute as amended.
The Department also finds, pursuant to Iowa Code section
17A.5(2)“b”(2), that the normal effective date of the amendments
should be waived and these amendments should be made effective on July 1, 2000,
to coincide with the effective date of the statutory change, as the amendments
confer a benefit upon applicants and executive branch operating
departments.
The Department of Personnel adopted these amendments effective
July 1, 2000.
These amendments are intended to implement Iowa Code sections
19A.2A, 19A.3(8), 19A.3(15), 19A.15, and 19A.19 as amended by 2000 Iowa Acts,
House File 2463, sections 5, 6, 16, 18, and 19; Iowa Code Supplement sections
19A.8, 19A.9(1), 19A.9(3) to 19A.9(14), 19A.9(23), and 19A.35 as amended by 2000
Iowa Acts, House File 2463, sections 11, 12, and 20; and 2000 Iowa Acts, House
File 2463, sections 13 and 14.
These amendments became effective July 1, 2000.
The following amendments are adopted.
ITEM 1. Amend rule
581—1.1(19A), definitions of “examination,”
“merit system,” and “temporary,” as follows:
“Examination” means the further
screening of persons who meet the minimum qualifications for
a job classification classifications
in order to have their names and scores placed on eligible
lists.
“Merit system” means those positions or employees
in the state personnel system determined by the director to be covered by the
provisions of Iowa Code chapter 19A as it pertains to qualifications,
examinations, competitive appointments, probation, and just
cause discipline and discharge hearings.
“Temporary” means nonpermanent employment
for a limited period of time, or employees with seasonal, emergency,
intermittent, internship, trainee, or temporary status.
ITEM 2. Amend rule 581—2.2(19A) as
follows:
581—2.2(19A) Merit system. The merit system
shall include and apply to those positions in the state personnel system which
have been determined by the director to be covered by the provisions of Iowa
Code chapter 19A, as it pertains to qualifications, examinations,
competitive appointments, probation, and just cause discipline
and discharge hearings, hereafter referred to as merit system provisions.
Whenever the director determines that a position should be covered by or not
covered by merit system provisions, the director shall notify the appointing
authority in writing of the decision and the effective date.
2.2(1) Exclusion of deputy directors
and division administrators and policy–making positions.
The appointing authority of each agency shall submit to the director for
approval the position number and title of deputy directors and division
administrators each position referred to in Iowa Code section
19A.3 proposed for exclusion from coverage by the merit system provisions
referred to in Iowa Code section 19A.2A, unnumbered paragraph 3. Subsequent
changes in the number or duties of these positions shall be submitted to the
director for exclusion approval.
2.2(2) and 2.2(3) No change.
2.2(4) Career executive
return rights. Rescinded IAB 1/15/97, effective 2/19/97.
ITEM 3. Amend subrules 4.5(4) and 4.5(5)
as follows:
4.5(4) Internship. When an appointment is made
to an intern class, the employee may be paid from the lowest
pay rate in the pay plan to which the class is assigned up to 15 percent above
the minimum of the pay grade for the class.
4.5(5) Emergency, intermittent
Temporary and seasonal. When an appointment is made to a class on
an emergency, intermittent a temporary or seasonal
basis, the employee may be paid at any rate within the pay grade to which the
class is assigned.
ITEM 4. Amend subrule 4.6(12) as
follows:
4.6(12) Reinstatement. When an employee is reinstated
in accordance with rule 581—8.6(19A), the employee may be
paid at any step or pay rate for the class to which reinstated. When the rate of
pay is decided to be greater than the pay at the time of separation, including
any pay grade, pay plan, class or general salary increases, the decision to do
so must be in accordance with subrule 4.5(1). For setting eligibility dates, see
subrule 4.7(5).
ITEM 5. Amend 581—Chapter 5
as follows:
CHAPTER 5
RECRUITMENT, APPLICATION AND
EXAMINATION
581—5.1(19A) Recruitment. Classes are closed to
application from persons not employed by the state unless
specifically opened for recruitment or as otherwise designated in
subrule 5.2(4).
5.1(1) Open recruitment announcements. The director
shall give public notice of classes positions opened for
the recruitment of persons who are not employed by the
state. Classes will remain open for a minimum of 15 calendar days
following the announcement date. Recruitment may be limited to a specific
geographic area or a specific selective background area or both. Recruitment
announcements shall be posted in designated state offices
publicly. Copies may also be sent to newspapers, radio stations,
educational institutions, professional and vocational associations, and other
recruitment sources.
5.1(2) Job opportunity
announcements. A list of job opportunities shall be posted on bulletin boards
and in other conspicuous places throughout the agency
involved.
5.1(3) 5.1(2) Content
of announcements. Announcements shall specify the class
job title, vacancy number, salary range, location, method for
making application, closing date for receiving applications, minimum
qualifications, any special requirements, and any selective
certification requirements. All announcements must include a
statement indicating that the state of Iowa is an affirmative action and equal
employment opportunity employer. Announcements for continuous recruitment shall
include a statement indicating that applications will be accepted until further
notice.
5.1(4) 5.1(3) Advertising.
The appointing authority shall send to the director copies of all advertisements
announcing employment opportunities that are to be placed in any publication,
and any additional information required by the director. The appointing
authority shall comply with any policies established by the director regarding
advertising.
581—5.2(19A) Applications.
5.2(1) Applicant information. Applicant information
shall be on forms prescribed by the director unless an alternate method has been
authorized in a recruitment announcement. Applicants must
supply at least their name, current mailing address, signature and social
security number; however, if an applicant requests, a nine–digit number
will be assigned by the department to be used in lieu of the social security
number. If other than the social security number is requested, it shall be the
applicant’s responsibility to ensure that all future correspondence
directed to the department regarding the applicant’s records contains the
assigned nine–digit number. All other information requested on the
application will assist the department in accurately and completely processing
and evaluating the application. Applications that are not complete may not be
used or regarded as an official application and may not be
processed. The director may require an applicant to submit documented proof
of the possession of any license, certificate, degree, or other evidence of
eligibility or qualification to satisfactorily perform the essential duties of
the job classification with or without a reasonable
accommodation.
5.2(2) Verifying applicant information. The director
may at any time verify statements contained in an application and seek further
information concerning an applicant’s qualifications. If information is
obtained which affects or would have affected an applicant’s
qualifications, standing on an eligible list, or status if already employed, the
director shall may make the necessary adjustment or take
other appropriate action, including termination if the applicant has already
been employed.
5.2(3) Applicant files. Applications accepted for
processing and necessary related materials will be placed in the applicant files
in the department and retained for no less than one year. Applications for
classes jobs which result in the hire of the applicant
will be placed in the employee files in the department and retained for no less
than the period of employment.
5.2(4) Application for eligible lists. Persons may
apply to be on eligible lists as follows:
a. Promotional lists. Promotional applicants shall meet the
minimum qualifications, but may be exempt from the initial examinations
used for the purposes of ranking on eligible lists. Promotional
applicants may be subject to keyboard tests
examinations, background checks, psychological tests
examinations, and other tests examinations used
for further screening. The following persons may apply to be on promotional
eligible lists at any time:
(1) to (3) No change.
b. Nonpromotional All–applicant
lists. The following persons may apply to be on nonpromotional
all–applicant lists at any time:
(1) to (4) No change.
(5) Intermittent or provisional intermittent
employees Permanent employees, including permanent employees of the
board of regents and community–based corrections;
(6) Seasonal, emergency, trainee, intern or other
temporary Temporary employees, not on the
promotional list, or and volunteers (including persons
enrolled in work experience programs who are not on the promotional list)
following 60 calendar days’ service with the state;
(7) No change.
(8) Former permanent employees who resigned or retired
from state employment in good standing may, within 60 calendar days
following their termination date, make application to be included on
nonpromotional lists for classes for which they were on promotional lists at the
time of their termination.
5.2(5) Application pending license or graduation. An
applicant who does not meet the minimum education or license requirements, but
who is currently enrolled in an education program that will result in meeting
such requirements, may be placed on the appropriate eligible
list with a “pending graduation” or “pending license”
status provided the applicant will meet or has a reasonable expectation of
meeting, the requirements within the following eight
nine months. If certified in the top six available scores,
the The applicant may be selected for employment, but may not be
appointed until all qualification requirements are met.
5.2(6) Disqualification or removal of applicants. The
director may refuse to place an applicant on a list of eligibles for an
unlimited period, refuse to certify an applicant to a job class or a
position, refuse to refer an applicant for a vacancy, refuse to
approve the appointment of a certified an applicant, or
remove an applicant from the a list of eligibles for a
class or a certificate for a position if it is found that the
applicant:
a. Does not meet the minimum qualifications or
special selective requirements for the job class or
position as specified in the job class description, vacancy announcement,
administrative rules, or law, or as documented through identification of
essential functions.
b. Is physically or mentally incapable of
performing the essential functions of the job classification or position and a
reasonable accommodation cannot be provided.
c. Has knowingly misrepresented the facts when submitting
information relative to an application, test
examination, certification, appeal, or any other facet of the selection
process.
d. Has used or attempted to use coercion, bribery or other
illegal means to secure an advantage in the application,
testing examination, appeal or selection
process.
e. Has obtained examination screening
information to which applicants are not entitled.
f. Has failed to submit the application within the designated
time limits.
g. Was previously discharged from a position in state
government.
h. Has been convicted of a crime that is shown to have a
direct relationship to the duties of a job class or position.
i. Is proven to be an unrehabilitated substance abuser who
would be unable to perform the duties of the job class or who would constitute a
direct threat to state property or to the safety of
others.
j. Is not a United States citizen and does not have a valid
permit to work in the United States under regulations issued by the U.S.
Immigration and Naturalization Service.
Applicants disqualified or removed under this subrule shall be
notified in writing by the director within five workdays following removal.
Applicants may informally request that the director reconsider their
disqualification or removal by submitting additional written evidence of their
qualifications or reasons why they should not be removed in accordance with rule
581—12.3(19A). Formal appeal of disqual–ification or removal shall
be in accordance with 581—subrule 12.2(4).
5.2(7) Qualifications. Applicants must meet the
qualifications for the class as well as any selective
certification requirements associated with a particular class
or position as indicated in the class description. The director shall determine
whether or not an applicant meets such qualifications and
requirements.
Applicants and employees may, as a condition of the job, be
required to have a current license, certificate, or otherevidence of eligibility
or qualification. Employees who fail to meet and maintain this requirement
shall be subject todischarge in accordance with rule 581—8.9(19A) or
581— subrule 11.2(4).
Any fees associated with obtaining or renewing a license,
certificate, or other evidence of eligibility or qualification shall be the
responsibility of the applicant or employee unless otherwise provided by
statute.
581—5.3(19A) Examinations.
5.3(1) Purpose of examinations. The director or
appointing authority may conduct examinations to determine
assess the relative rank of qualified qualifications
of applicants on eligible lists or, in the case of keyboard tests,
to determine if an applicant meets the minimum qualifications. Unless otherwise
indicated, all references to examinations in this chapter shall apply only to
positions covered by merit system provisions. Possession of a valid
license, certificate, registration, or work permit required by the Iowa Code or
the Iowa Administrative Code in order to practice a trade or profession may
qualify as evidence of an applicant’s basic skills
qualifications. Where these basic skills constitute the primary
requirement for job performance, the names of all applicants meeting the minimum
qualifications may be placed on the appropriate eligible list without further
examination.
5.3(2) Types of examinations. Examinations may
include, but are not limited to, written, oral, physical, or keyboard tests, and
may test screen for such factors as education,
experience, aptitude, psychological traits, knowledge, character, physical
fitness, or other standards related to job requirements.
5.3(3) Background checks. Background checks and
investigations, including, but not limited to, checks of arrest
and or conviction records, fingerprint records, driving
rec–ords, financial or credit records, and child or dependent adult abuse
records, constitute an examination or test within the meaning of this subrule,
Iowa Code chapter 19A and 161—subrule 8.1(1). Confidential documents
provided to the director by other agencies in conjunction with the
administration of this rule shall continue to be maintained in their
confidential status. The director is subject to the same policies and penalties
regarding the confidentiality of the documents as any employee of the agency
providing the documents.
Background checks shall be conducted only after receiving
approval from the director concerning the areas to be checked and the standards
to be applied in evaluating the information gathered. Background checks are
subject to the following limitations and requirements:
a. and b. No change.
c. The director shall prescribe
provide a statement that shall be presented by the appointing authority
to each applicant that is to be investigated under this subrule. This statement
shall inform the applicant that the applicant is subject to a background check
as a condition of employment and the topics to be covered in the background
check. It shall also inform the applicant that all information gathered will be
treated as confidential within the meaning of Iowa Code section 22.7, but that
all such information gathered shall be available to the applicant upon request
through the agency authorized to release such information, unless otherwise
specifically provided by law. The statement shall be signed and dated by the
applicant and shall include authorization from the applicant for the appointing
authority to conduct the background check as part of the application for
employment and selection process and to share the information gathered
with the director.
d. No change.
e. Appointing authorities shall send information periodically
to the director on forms prescribed by the director. This information shall
include the following:
(1) The total number of applicants for each job
class position who were eligible for a background
check.
(2) and (3) No change.
581—5.4(19A) Development and administration of
examinations.
5.4(1) Examination development. The director shall
oversee the development, purchase, and use of examination materials, forms,
procedures, and instructions.
5.4(2) Examination administration. The director or
appointing authority shall arrange for suitable locations and conditions to
conduct examinations. Locations in various areas of the state and out of state
may be used. The director Examinations may
postpone be postponed, cancel
canceled, or reschedule rescheduled the
date of an examination.
a. Examination of persons with disabilities. Persons with
disabilities may request specific examination accommodations. Reasonable
accommodations will be granted in accordance with policies for accommodations
established by the department. Persons in the certified disability program or
any other formal waiver program established by the department may be exempt from
examinations used for the purpose of ranking qualified applicants on
eligible lists.
b. Special admittance. Requests for special admittance
to an examination after the closing date for application shall
be submitted in writing to the director or the appointing authority. The
request shall explain why the applicant seeks special admittance to the
examination.
c. Retaking examinations. Applicants may not retake aptitude,
psychological, video–based or other examinations for 60 calendar days
following the last date the examination was taken except as provided for in rule
581—5.6(19A). Violation of the waiting period for an examination shall
result in the current examination score being voided and an additional
60–calendar–day waiting period being imposed.
Keyboard examinations, such as typing, may be retaken at any
time without a waiting period, if equipment is available.
The most recent examination score shall determine the
applicant’s rank on qualification for the
corresponding eligible lists.
Applicants who are required to take examinations covered by
the rules or procedures of other agencies are subject to applicable rules or
procedures on retakes for such examinations of that agency.
5.4(3) Examination materials.
a. Examination All examination
materials, including working papers, test booklets, test answer sheets and test
answer keys are not public records under Iowa Code chapter 22. All examination
materials are the property of the department and shall not be released without
the consent of the director.
b. No change.
581—5.5(19A) Scoring examinations. All
applicants for positions covered by merit system provisions
shall be given uniform treatment in all phases of the examination scoring
process applicable to the job class or position and status of the
applicant. Applicants may be required to obtain at least a minimum score in any
or all parts of the examination process in order to receive a final score or to
be allowed to participate in the remaining parts of an examination.
5.5(1) Adjustment of errors. Examination scoring
errors that are called to the attention of the director will be
corrected. A correction shall not, however, invalidate any
certificate list already issued or any appointment
already made and shall not extend the life of the score.
5.5(2) Points for veterans. Veterans’ points
shall be applied to veterans as defined in Iowa Code section 35C.1.
Eligible veterans shall have five points added to the score attained in
examinations for appointment to jobs.
a. to d. No change.
581—5.6(19A) Review of written examination
questions. Applicants may request to review their incorrectly answered
questions on department administered written examinations except that
aptitude, psychological, and video–based examinations are not subject to
review. An applicant who reviews written examination questions may not retake
that examination or an examination with the same or similar content for 60
calendar days following the review and then only if the class is open for
recruitment. Violation of this waiting period shall result in the current
examination score being voided and an additional 60–calendar–day
waiting period being imposed.
These rules are intended to implement Iowa Code section 19A.9
as amended by 2000 Iowa Acts, House File 2463, section 12.
ITEM 6. Amend 581—Chapter 6
as follows:
CHAPTER 6
ELIGIBLE LISTS
581—6.1(19A) Establishment of eligible lists.
The director shall establish and maintain various lists of eligible applicants
for use in filling vacant positions. Eligible lists shall
may be by job class or specific position. Eligible lists
shall be continuous until abolished. Eligibility of an applicant shall not be
less than one nor more than three years as determined by the director.
Eligible lists may be continuous or may be abolished after a vacancy is
filled. The following are types of eligible lists:
6.1(1) and 6.1(2) No change.
6.1(3) Nonpromotional
All–applicant lists. Nonpromotional
All–applicant lists shall consist of the names of all
persons who are not eligible for placement on promotional lists
who have applied for positions covered by merit system
provisions, met the minimum qualifications for the class, and
undergone, and as necessary passed, the
designated examinations screening for the class.
Persons in the certified disability program or any other formal waiver program
established by the department shall be identified as such and placed on
the nonpromotional all–applicant list
without score or rank and shall be eligible for hire along with
applicants in the top six available scores.
6.1(4) Career executive
lists. Rescinded IAB 1/15/97, effective 2/19/97.
581—6.2(19A) Ranking of
eligibles. After examinations, the names of applicants
shall be added to the nonpromotional eligible lists in the order of their final
scores. All persons with identical final scores shall have the same rank on the
list.
581—6.3(19A) Compilation of eligible lists
in the absence of appropriate eligible lists. If a vacancy
exists in a job class for which there is no eligible list, the director may
compile a list from one or more existing related eligible lists for classes
which are similar to or higher than the class in which the vacancy
exists.
581—6.4(19A) Amendment of eligible
lists. When a new eligible list is established for a class
where an eligible list already exists, the existing list may be canceled or
merged with the new list as determined by the director. If the name of an
individual appears on both the old and the new eligible lists and those lists
are merged, the individual’s standing on the new list shall be determined
by the score from the new examination.
581—6.5 6.2(19A) Removal of
names from eligible lists. The director may remove names from an eligible
list for a particular job class(es) for any of the following reasons in addition
to those cited in 581—subrule 5.2(6):
1. to 4. No change.
5. Appointment to a job class. Applicants appointed or
promoted will be removed for job classes in the same or lower pay
grades.
6. and 7. No change.
8. In the case of nonpromotional lists, attainment of
permanent status.
9 8. Correction of erroneous placement
on a list.
10 9. Violation of any of the
provisions of Iowa Code chapter 19A or these rules. Applicants removed for this
reason shall be notified in writing by the director within five workdays
following removal. Appeal of removal for this reason shall be in accordance
with 581—subrule 12.2(4).
11 10. Failure by the applicant to
maintain contact as instructed by the department concerning current
availability, mailing address and telephone number.
581—6.6 Rescinded,
effective September 16, 1987.
581—6.7 6.3(19A) Statement
of availability. It shall be the applicant’s responsibility to notify
the director in writing of any change in address or other changes affecting
availability for employment. The director may at any time verify the
availability of applicants. The names of applicants shall be withheld from all
certificates eligible lists which do not meet the stated
conditions and locations under which the applicants have indicated
availability.
These rules are intended to implement Iowa Code section
19A.9.
ITEM 7. Amend 581—Chapter 7
as follows:
CHAPTER 7
CERTIFICATION AND
SELECTION
FILLING VACANCIES
581—7.1(19A) Method of filling vacancies.
Vacancies shall be filled through promotion, transfer, demotion, recall,
reinstatement or original appointment. The method and order in which vacancies
are filled shall be determined by the director, taking into consideration the
provisions of collective bargaining agreements and these rules. Vacancies
shall be announced before a list of applicants is issued to an appointing
authority.
581—7.2(19A) Certificate
List requests. An appointing authority shall submit a
multiple list request form when filling a vacancy in a
position covered by merit system provisions.
581—7.3(19A) Types of certificates
lists. The following types of certificates
lists may be issued.
7.3(1) Recall certificate
list. The director will certify provide the
names of those persons who are eligible for recall on the date and time issued
in accordance with the provisions of 581—subrule 11.3(6) or applicable
collective bargaining agreements.
7.3(2) Nonpromotional certificate.
Promotional list. The director will certify
provide the names of qualified applicants who are
not permanent employees and those designated in
581—subrule 5.2(4) who have indicated availability for the conditions
and location specified in the request for certification
vacancy announcement.
7.3(3) Promotional certificate.
All–applicant list. The director will certify
provide the names of all qualified applicants who are
permanent employees, regardless of the agency of employment, who have
indicated availability for the conditions and location specified in the
request for certification vacancy
announcement.
7.3(4) Career executive
certificate. Rescinded IAB 1/15/97, effective 2/19/97.
581—7.4(19A) Selective
certification lists. The director may
certify provide lists of only those eligibles for a
class position who possess specific education,
experience or other special selective qualifications
required to perform the duties of a position. The director may establish
procedures for determining and approving selective qualifications,
processing requests and issuing selective certificates
lists.
581—7.5(19A) Selection.
When filling a vacancy by original appointment, the appointing authority must
select from among those available applicants in the top six final scores, or
from persons in the certified disability program whose names are on the
certificate.
581—7.6 7.5 (19A)
Expiration of a certificate list. The expiration of
a certificate list shall be 60
90 calendar days following the date of issue unless otherwise approved by
the director. All appointments or promotions must be reported to the director
before the expiration date of the certificate list.
Effective dates of appointments or promotions must be no later than 60 days
after the expiration date of the certificate list unless
otherwise authorized by the director, except that appointments or promotions
“pending graduation” or “pending license” shall be
allowed to be effective up to nine months following the expiration date of the
certificate list.
581—7.7(19A) Omission of names from
referrals.
7.7(1) If the appointing
authority passes over the name of an applicant on three separate certificates in
connection with three separate appointments for the same job class from which
another person with a lower certified score was hired, the appointing authority
may request that the director not refer that applicant to that appointing
authority for future vacancies in that job class for a period of two years from
the date removed.
7.7(2) If an applicant
declines or fails to respond to three offers to interview for the same job class
in connection with three separate certificates for three different vacancies,
the appointing authority may request that the director not refer the applicant
to the appointing authority for that job class.
7.7(3) If approved for
removal under this rule, the director shall notify the applicant within five
working days following removal. The period of removal shall not exceed two
years from the date removed. Appeal of removal shall be in accordance with
581—subrule 12.2(4).
581—7.8(19A) Certification from related
eligible lists. The director may issue certificates from
related lists of eligibles compiled in accordance with rule
581—6.3(19A).
581—7.9 7.6(19A) Incomplete
certification lists. If the number of names
available for certification on a
nonpromotional list is less than six, the appointing authority
will be granted provisional appointment authority.
581—7.10(19A) Discretionary consideration of
eligibles. An appointing authority need not consider the
name of an applicant on a certificate if the applicant is currently employed in
a permanent position in the same class or a class in the same, comparable or
higher pay grade.
581—7.11 7.7(19A) Referral
and appointment of “condi–tional” applicants. The names
of applicants who are on the eligible list for a class “pending
graduation” or “pending license” are considered to be
“conditional.” In order to have these applicants referred
on a certificate, the appointing authority must request that
“conditional” applicants be included on the eligible list, in which
case the scores of both “conditional” and qualified applicants will
be referred to the agency. If a “conditional” applicant is
selected, the appointment shall not be effective until the applicant has met the
minimum requirements for qualification. Appointments shall be made in accordance
with subrule 581—5.2(5) and rule 581— 7.5(19A).
581—7.12 7.8(19A) Adjustment
of errors. An error in the compilation or issuance of a
certificate list, if called to the attention of the
director prior to the expiration date of that certificate
filling of the vacancy, shall be corrected and a new list issued. Except
for a recall certificate list, such correction shall not
result in the removal of any eligible already certified nor invalidate any
appointment already made.
These rules are intended to implement Iowa Code section 19A.9
as amended by 2000 Iowa Acts, House File 2463, section 12.
ITEM 8. Amend 581—Chapter 8
as follows:
CHAPTER 8
APPOINTMENTS
581—8.1(19A) Filling vacancies. Unless
otherwise provided for in these rules or the Iowa Code, the filling of all
vacancies in the state personnel system shall be subject to the
provisions of these rules. No vacant position in the executive branch shall be
filled until the position has been classified in accordance with Iowa Code
chapter 19A and these rules.
An employee who has participated in the phased retirement
program shall not be eligible for permanent employment for hours in excess of
those worked at the time of retirement. An employee who has participated in the
early retirement or early termination program shall not be eligible for any
state employment.
A person who has served as a commissioner or board member of a
regulatory agency shall not be eligible for employment with that agency until
two years after termination of the appointment.
581—8.2(19A) Probationary appointment.
Probationary appointments may be made only to authorized and established
positions unless these rules provide otherwise. Appointments to positions
covered by merit system provisions shall be made in accordance with
581—Chapter 7 when applicable.
581—8.3(19A) Project
appointment. Rescinded IAB 1/13/99, effective
2/17/99.
581—8.4 8.3(19A) Provisional
appointment. If the director is unable to certify the names
of provide at least six available applicants
from a nonpromotional eligible list for a position,
covered by merit system provisions, an appointing authority may
provisionally appoint a person who meets the minimum qualifications for the
class to fill the position pending the person’s examination,
certification and appointment from a nonpromotional
an eligible list.
No provisional probationary appointment shall be continued for
more than 30 calendar days after an adequate eligible list has been
established, nor for more than a total of 180 calendar days after the
date of original appointment. No provisional intermittent appointment
shall be continued for more than 30 calendar days after an adequate eligible
list has been established, nor for more than a total of 120 calendar days after
the date of appointment.
Successive provisional appointments shall not be permitted.
An employee with provisional status shall not be eligible for promotion,
demotion, transfer, or reinstatement to any position nor have reduction in force
or appeal rights, but provisional probationary employees shall be eligible for
vacation and sick leave and other employee benefits.
An employee shall receive credit for time spent in provisional
status toward that is contiguous to the period of
probationary status.
581—8.5 8.4(19A)
Intermittent Temporary appointment. Persons may be
appointed with intermittent temporary status to any
class without regard to merit system provisions. They may be
paid at any rate of pay within the range for the class to which
appointed.
Intermittent Temporary appointments
may be made to established intermittent temporary
positions or to permanent positions, or on an overlap basis to unauthorized
positions, and may be made to any class and at any rate of pay within the range
for the class to which appointed.
An intermittent A temporary
appointment shall not exceed 700 780 work hours in a
fiscal year. Hours worked in non–contract classes during the
period provided for seasonal appointment in rule 581—8.11(19A) shall not
accumulate toward this 700–hour maximum.
An intermittent employee may be given a probationary
appointment if appointed in accordance with 581—subrule
7.3(2).
An intermittent A temporary employee
shall have no rights to appeal, transfer, demotion, promotion, reinstatement, or
other rights of position, nor be entitled to vacation, sick leave, or other
benefits.
A person appointed with intermittent
temporary status to a classification covered by a collective
bargaining agreement shall only be given another temporary type of
appointment to the extent that the total number of hours worked in all temporary
appointments in a fiscal year does not exceed 700 780
hours. Prior to accumulating 700 hours worked, the employee shall
either be given a probationary appointment, given a temporary appointment in a
noncontract class, or terminated.
581—8.6 8.5(19A)
Reinstatement. A permanent employee who left employment for other than just
cause may be reinstated with permanent or probationary status to any class for
which qualified at the discretion of an appointing authority. Reinstatement
shall not require certification appointment from a list
of eligibles. The period of reinstatement eligibility shall be equal to
the period of continuous state employment immediately prior to the
employee’s separation, to a maximum of two years. Current employees and
employees who have retired from state government shall not be eligible for
reinstatement. Retired former employees may, however, apply for employment in
accordance with 581—paragraph 5.2(4)“b.”
A permanent employee who demotes may at any time be reinstated
to a position in the class occupied prior to the demotion at the discretion of
the appointing authority. Reinstatement shall not require
certification appointment from a list of
eligibles.
Former employees who are reinstated shall accrue vacation at
the same rate as at the time they separated from state employment, and the
employee’s previous vacation anniversary date minus the period of
separation shall be restored. This paragraph shall be effective retroactive to
January 1, 1995 2000.
581—8.7(19A) Emergency
appointment. The director may authorize appointing
authorities to make emergency appointments to positions. Emergency appointments
may be made to any class and at any rate of pay within the range for the class
to which appointed. Emergency appointments shall not exceed 350 hours for any
one person in any one fiscal year.
Persons may be appointed with emergency status without
regard to merit system provisions and shall have no rights to appeal, transfer,
promotion, demotion, merit pay increases, reinstatement, or other rights of
position, nor be entitled to vacation, sick leave, or other
benefits.
A person appointed with emergency status to a
classification covered by a collective bargaining agreement shall not work in
excess of 350 hours in that status in such a class or classes, nor shall that
person accumulate more than 700 hours worked in any combination of temporary
statuses in any agency or any combination of agencies during a fiscal
year.
581—8.8(19A) Appointments to work–test
classes. Persons appointed to positions in work–test
classes as provided for in Iowa Code section 19A.9, subsection 23, may be given
either probationary, intermittent, emergency, or trainee status, according to
provisions in these rules, and shall be subject to rules and acquire benefits
according to their status. Employees who have attained permanent status and are
subsequently demoted, transferred, or promoted to another permanent position in
a work–test class shall retain their permanent status. Persons appointed
to positions covered by merit system provisions shall be required to meet the
minimum qualifications for the class, but will not require examination or
certification.
581—8.9(19A) Trainee
appointment. The director may authorize an appointing
authority to make a trainee appointment to a permanent position covered by merit
system provisions of a person who does not meet the minimum qualifications for
the class. The trainee shall be a bona fide student in an accredited
educational institution, or enrolled in an agency–affiliated training
program approved by the director, and have successfully completed at least one
semester, or its equivalent, of instruction. Appointees must be at least 14
years of age and possess work permits if required. Appointment may be continued
up to three semesters or its equivalent, in a two–year period. Employees
with trainee status shall have no rights of appeal, transfer, demotion,
promotion, reinstatement, or other rights of position; nor be entitled to
vacation, sick leave, or other benefits.
581—8.10 8.6(19A) Internship
appointment. The director may authorize an appointing authority to make an
internship appointment to an established position, or if funds are available, to
an unauthorized position.
8.10 8.6(1) Internship
appointments to the class of administrative intern may be made for a
period not to exceed one year unless otherwise authorized by the director.
Internship appointments to the class of transportation engineer intern
shall expire upon attainment of an undergraduate a
degree.
8.10 8.6(2) Employees with
internship status shall have no rights of appeal, transfer, demotion, promotion,
reinstatement, or other rights of position, nor be entitled to vacation, sick
leave, or other benefits of state employment, nor shall credit be given for
future vacation accrual purposes.
8.10 8.6(3) Successful
completion of an internshipappointment of at least 90 calendar days shall
authorize the appointee to be certified from a on
promotional or all–applicant list lists
for any job class for which the appointee has submitted an application
and qualifies. Only persons formally enrolled in the
department’s intern development program are eligible to be on promotional
lists. Successful completion shall be as determined by the director at the time
of enrollment. An intern’s name may remain on the promotional
list for up to two years. If an appointment has not been made by the end of the
two–year period, the name will be removed from the list. The intern may
then reapply through the standard nonpromotional process. After initial
selection from a promotional certificate, the intern’s name shall be
removed from all promotional lists until permanent status has been
attained.
581—8.11 8.7(19A) Seasonal
appointment. The director may authorize appointing authorities to make
seasonal appointments to positions. Seasonal appointments may be made to any
class and at any rate of pay within the range for the class to which appointed.
Seasonal appointments may, however, be made only during the seasonal period
approved by the director for the agency requesting to make the appointment, and
must be concluded by the end of that period. To be eligible to make seasonal
appointments, the appointing authority must first submit a proposed seasonal
period to the director for approval. Such period shall not exceed six months in
a fiscal year; however, the appointment may start as early as the beginning of
the pay period that includes the first day of the seasonal period and may end as
late as the last day of the pay period that includes the last day of the
seasonal period.
Persons may be appointed with seasonal status
without regard to merit system provisions and shall have no
rights of appeal, transfer, promotion, demotion, reinstatement, or other rights
of position, nor be entitled to vacation, sick leave, or other
benefits.
A person appointed with seasonal status to a classification
covered by a collective bargaining agreement shall not work in excess of
700 780 hours in that status in such a class or classes,
nor shall that person accumulate more than 700 780 hours
worked in any combination of temporary statuses in any agency or any combination
of agencies during a fiscal year.
581—8.12 8.8(19A) Overlap
appointment. When it is considered necessary to fill a position on an
overlap basis pending the separation of an employee, the appointment of a new
employee may be made in accordance with these rules for a period not to exceed
30 60 calendar days. An overlap appointment must be in
the same class as the authorized position being overlapped, unless otherwise
approved by the director. Any overlap appointment for a longer period must
first be approved by the director.
581—8.13 8.9(19A) Rescinding
appointments. If, after being appointed, it is found that an employee
should have been disqualified or removed as provided for in
581—subrules 5.2(6) or 5.2(7) or rule 581—6.5(19A) or
7.7(19A) these rules, the director may rescind the appointment.
An employee with permanent status may appeal the director’s decision to
the public employment relations board. The appeal must be filed within 30
calendar days after the date the director’s decision was issued.
Decisions by the public employment relations board constitute final agency
action.
These rules are intended to implement Iowa Code section 19A.9
as amended by 2000 Iowa Acts, House File 2463, section 12.
ITEM 9. Amend 581—Chapter 9
as follows:
CHAPTER 9
PROBATIONARY PERIOD
581—9.1(19A) Duration. All original
full–time or part–time appointments to permanent positions shall
require a six–month period of probationary status. Employees with
probationary status shall not be eligible for promotional application or
certification promotion, reinstatement following separation, or
other rights to positions unless provided for in this chapter, nor have
reduction in force, recall, or appeal rights. If, during the period of
probationary status in a position covered by merit system provisions, the
conditions change under which the employee was originally certified, the
employee must be eligible for certification in accordance with 581—subrule
7.3(2).
Prior to the expiration of the six–month period
of probationary status, the appointing authority must notify the employee, with
a copy to the director, if the employee is to be terminated.
A six–month period of probationary status may, at the
discretion of the appointing authority and with notice to the employee
and the director, be required upon reinstatement, and all rules regarding
probationary status shall apply during that period.
The provisions of this chapter shall apply to all executive
branch employees, except employees of the board of regents, unless collective
bargaining agreements provide otherwise.
581—9.2(19A) Disciplinary actions.
9.2(1) In addition to less severe
progressive discipline measures, the appointing authority may demote, suspend,
reduce pay within the same pay grade, or discharge an employee during the period
of probationary status without right of appeal. The appointing authority shall
notify the employee in writing of the effective date of the action, and in the
case of a suspension or reduction in pay, the duration of the action. In no
case shall suspension extend beyond 30 calendar days, nor beyond the end of the
probationary period. A copy of the notice shall be sent to the director by the
appointing authority.
9.2(2) Disciplinary demotion during
the period of probationary status to a position covered by merit system
provisions shall require that eligibility for appointment from a
list of eligibles in accordance with 581—subrule 7.3(2). However, a
probationary employee may be disciplinarily demoted to a position covered by
merit system provisions in a work–test class as long as the
employee meets meet the minimum qualifications for the
class. If demoted, the The total required period of
probationary status shall include the time spent in the higher class. The pay
shall be set in accordance with 581—subrule 4.6(7).
581—9.3(19A) Voluntary demotion during the period of
probationary status. Voluntary demotion during the period of probationary
status to a position covered by merit system provisions shall require
that eligibility for appointment from a list of eligibles in
accordance with 581—subrule 7.3(2). However, a probationary employee may
voluntarily demote to a position covered by merit system provisions in a
work–test class as long as the employee meets
meet the minimum qualifications for the class. The total required period
of probationary status shall include the time spent in the higher class. The
pay shall be set in accordance with 581—subrule 4.6(7).
581—9.4(19A) Promotion during the period of
probationary status. A probationary employee who is promoted during the
period of probationary status to a position covered by merit system provisions
shall be certified hired in accordance with
581—subrule 7.3(2). However, a probationary employee may be
promoted to a position covered by merit system provisions in a work–test
class as long as the employee meets the minimum qualifications required for the
class. The total required probationary period shall include the
probationary service in the class from which promoted. The rate of pay shall be
set in accordance with 581—subrule 4.6(6).
581—9.5(19A) Transfer during the period of
probationary status. A probationary employee who is transferred during the
period of probationary status by the appointing authority to a position covered
by merit system provisions must be eligible for certification in
accordance with 581—subrule 7.3(2) unless the transfer is to a position in
the same class, in the same location, and under the same conditions for which
the employee was originally certified. However, a probationary employee may be
transferred to a position covered by merit system provisions in a
work–test class as long as the employee meets meet the
minimum qualifications required for the class. The total required period of
probationary status shall include the probationary time spent in the class from
which transferred. The rate of pay shall be set in accordance with
581—subrule 4.6(8).
581—9.6(19A) Reclassification during the period of
probationary status. An employee who is reclassified during the
period of probationary status must be eligible for certification in accordance
with 581—subrule 7.3(2) if the new position is covered by merit system
provisions. However, an employee who is reclassified during the
period of probationary status to a work–test class covered by
merit system provisions need only meet the minimum qualifications for
the class. The total required period of probationary status shall include the
probationary time spent in the previous class. The rate of pay shall be in
accordance with 581—subrule 4.6(9).
581—9.7(19A) Leave without pay during the period of
probationary status. A probationary employee may be granted leave without
pay at the appointing authority’s discretion in accordance with these
rules. When a probationary employee is granted leave without pay, the
employee’s probationary period shall not be extended by the amount of
leave granted unless the leave is for education or training.
581—9.8(19A) Vacation and sick leave during the
period of probationary status. Probationary employees shall accrue and
may be granted vacation and sick leave in accordance with the provisions
of these rules.
581—9.9(19A) Probationary period for promoted
permanent employees. This rule shall only apply to promotion within an
appointing authority’s department and to positions covered by merit system
provisions.
An employee may be required to serve a six–month
probationary period in the class to which promoted before the promotion becomes
permanent.
At any time during the promotional probationary period the
appointing authority may return the employee to the formerly held class. Return
under this probationary period rule shall not be considered a demotion and there
shall be no right to an appeal. The former salary and pay increase eligibility
date shall be restored with credit allowed for the time spent in the higher
class.
These rules are intended to implement Iowa Code section
19A.9.
ITEM 10. Amend 581—Chapter
10 as follows:
CHAPTER 10
PROMOTION, TRANSFER, TEMPORARY ASSIGNMENT,
REASSIGNMENT
AND VOLUNTARY DEMOTION
581—10.1(19A) Promotion.
10.1(1) An appointing authority may promote an
employee with permanent status if the employee meets the minimum qualifications
and other promotional screening requirements for the class
position. When required, the The employee must
be on the list of eligibles for the class position and
available under the conditions stated on the certificate
list request.
10.1(2) An agency may promote
an employee into a position not covered by merit system provisions in accordance
with the agency’s promotional policies.
10.1(3) 10.1(2) Agencies shall
collect and maintain forward to the director data on the
characteristics of applicants considered for promotion in accordance with
equal employment opportunity and affirmative action reporting
the director’s requirements and these rules.
581—10.2(19A) Reassignment. An appointing
authority may reassign an employee. Reassignments may be intra–agency or
interagency. Interagency reassignments require the approval of both the sending
and the receiving appointing authorities.
An employee who refuses a reassignment may be discharged in
accordance with rule 581—11.2(19A), except as provided for in the second
unnumbered paragraph of this rule. If the employee is discharged, and if the
employee had permanent status, and if the reassignment would have been in excess
of 25 miles, the employee shall have recall rights in accordance with subrule
581—11.3(6), paragraph “c.”
If the reassignment of an employee would result in the loss of
merit system coverage, an appointing authority may not reassign that employee
without the employee’s written consent regarding the change in merit
system coverage. A copy of the consent letter shall be forwarded by the
appointing authority to the director. If the employee does not consent to the
change in coverage, a reduction in force may be initiated in accordance with
these rules or the applicable collective bargaining agreement.
581—10.3(19A) Temporary assignments.
10.3(1) An appointing authority may assign a permanent
employee to special duty when that employee is temporarily needed in a
position in another class position. This
assignment shall be without prejudice to the employee’s rights in or to
the regularly assigned position. Unless there is a statutory requirement to the
contrary, the employee need not be qualified for, nor certified
to, the class to which temporarily assigned.
10.3(2) No change.
10.3(3) Requests shall be submitted to the director in
writing for assignments to special duty or extraordinary duty that exceed three
complete pay periods, explaining and shall explain the
need and the period of time requested. Temporary assignments shall not
initially be approved for a period longer than one year. Extensions may be
requested. Requests shall be submitted on forms prescribed by the
director.
10.3(4) An appointing authority may make temporary
assignments without additional pay for up to three consecutive pay periods in a
fiscal year. Approval for of temporary assignments
without additional pay beyond three consecutive pay periods may be granted by
the director.
10.3(5) An appointing authority shall provide
restricted duty work assignments, without change to an employee’s class
and regular pay rate, for those employees who have a medical release to return
to restricted duty following a job–related illness or injury. The
original period of restricted duty shall be the hourly equivalent of 20 workdays
(which shall be on a pro–rata basis for part–time employees), or
until the employee is medically released for full duty, whichever is less.
Extensions to the original period may be requested by the appointing authority
and shall be subject to the for approval
of by the director. Exceptions to this subrule must be
approved by the director.
581—10.4(19A) Voluntary demotion. An appointing
authority may grant an employee’s written request for a demotion to a
lower class. If the voluntary demotion involves movement from a position
covered by merit system provisions to one that is not, the request must clearly
indicate the employee’s knowledge of the change in merit system coverage.
If the employee objects to the change in coverage, the demotion shall not take
effect. Also, no demotion shall be made from one position covered by merit
system provisions to another, or from a position not covered by merit system
provisions to one that is, until the employee is approved by the director as
being eligible for appointment qualified. A copy of the
voluntary demotion request shall be sent by the appointing authority to the
director at the time of the demotion.
Voluntary demotion may be either intra–agency or
interagency, and shall not be subject to appeal under these rules.
Voluntary demotion of an employee with probationary
status to a position covered by merit system provisions shall be in accordance
with rule 581–—9.3(19A).
581—10.5(19A) Merit system return
rights. Rescinded IAB 1/15/97, effective
2/19/97.
581—10.6 10.5(19A)
Transfer. An employee may request a voluntary transfer. The decision to
grant or deny the request is the appointing authority’s.
An appointing authority may involuntarily transfer an
employee. To do so, any applicable collective bargaining agreement provisions
regarding transfer must first be exhausted. Transfers may be interagency or
intra–agency. Involuntary interagency transfers require the approval of
both the sending and the receiving appointing authorities.
To be eligible to transfer, the employee must meet any minimum
qualifications and selective certification requirements for the
position if the position to which transferring is covered by merit
system provisions. Transfer of an employee with probationary status to a
position covered by merit system provisions shall be in accordance with rule
581— 9.5(19A).
If the transfer of an employee would result in the loss of
merit system coverage, the transfer shall not take place without the affected
employee’s written consent to the change in merit system coverage. A copy
of the consent letter shall be forwarded by the appointing authority to the
director. If the employee does not consent to the change in coverage, a
reduction in force may be initiated in accordance with these rules or the
applicable collective bargaining agreement.
These rules are intended to implement Iowa Code section 19A.9
as amended by 2000 Iowa Acts, House File 2463, section 12.
ITEM 11. Amend 581—Chapter 15 by
adopting the following new rule:
581—15.14(19A) Deferred compensation match
program. The director is authorized by the governing body to administer a
deferred compensation match program for employees of the state of Iowa and those
of other eligible participating governmental employers. The program shall be
qualified under Section 401(a) IRC and Iowa Code section 509A.12. The assets
and income of the program shall be held in trust for the exclusive benefit of
the participating employee or the participating employee’s beneficiary.
The trustee shall be the director of the Iowa department of personnel. The
director shall adopt various investment options for the investment of program
funds by participating employees or their beneficiaries and shall monitor and
evaluate the appropriateness of the investment options offered by the
plan.
The program shall match eligible participant contributions to
the deferred compensation plan with contributions by the employer. Eligibility
of participants and the rate of employer matching contributions shall be subject
to determination by the trustee and the governing body. The only voluntary
participant contributions that the program shall accept are eligible rollover
contributions.
ITEM 12. Amend 581—Chapter
15, implementation clause, as follows:
These rules are intended to implement Iowa Code sections 19A.1
to 19A.9 and 2000 Iowa Acts, House File 2463, section
13.
[Filed Emergency 6/29/00, effective 7/1/00]
[Published 7/26/00]
EDITOR’S NOTE:
For replacement pages for IAC, see IAC Supplement 7/26/00.
ARC 9989A
PUBLIC SAFETY
DEPARTMENT[661]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code section 100.35, the
Department of Public Safety hereby amends Chapter 5, “Fire Marshal,”
Iowa Administrative Code.
Provisions were included in legislation passed by the General
Assembly during its 2000 regular session for changes in and additions to fees
collected by the Fire Marshal Division. 2000 Iowa Acts, House File 2552,
section 20, amended Iowa Code section 100.1 to require the adoption of rules
designating a fee to be assessed to each building, structure, or facility for
which a fire inspection is required as a condition of licensure. 2000 Iowa
Acts, Senate File 2430, section 23, amended Iowa Code section 101.22 to provide
for renewal of registrations of aboveground petroleum storage tanks.
Registration of these tanks has been required since 1989, and a one–time
registration fee of $10 per tank has been collected and deposited in the general
fund as the tanks were registered. The additional language provides for an
annual fee of $10 per tank for renewal of the registration. These amendments
provide for the required fire inspection fees and for annual renewal of
aboveground petroleum storage tank registrations and the accompanying
fees.
Pursuant to Iowa Code subsection 17A.4(2), the Department
finds that notice and public participation prior to the adoption of these
amendments is impracticable. The statutory requirements for annual renewal of
aboveground petroleum storage tank registrations and payment of annual fees and
the language requiring payment of fees for fire inspections required for
licensure took effect on July 1, 2000. These amendments are needed to implement
these new requirements.
Pursuant to Iowa Code section 17A.5(2)“b”(2), the
Department further finds that the normal effective date of these amendments, 35
days after publication, should be waived and these amendments made effective
July 1, 2000, after filing with the Administrative Rules Coordinator. These
amendments confer a benefit upon the public by enabling the implementation of
requirements for renewal of registrations of aboveground petroleum storage tanks
and the collection of fees for renewals of these registrations and for fire
inspections required for licensure in a timely manner.
Notice of Intended Action regarding these amendments is
published herein as ARC 9990A. The Notice of Intended Action provides
for a period of public comment and participation, including a public hearing.
This process will culminate in adoption through the normal rule–making
process after consideration of any public input received during the comment
period.
These amendments are intended to implement Iowa Code section
100.1 as amended by 2000 Iowa Acts, House File 2552, and section 101.22 as
amended by 2000 Iowa Acts, Senate File 2430.
These amendments became effective July 1, 2000.
The following amendments are adopted.
ITEM 1. Amend rule 661—5.5(17A) as
follows:
661—5.5(17A,100)
Certificates for license and inspection
fees.
5.5(1) Certificates for license.
Several Iowa statutes provide that a license to conduct certain functions cannot
be issued until the fire marshal has approved the building to be used for such
function. Upon receipt of a written request, the fire marshal conducts or has
conducted an inspection using the procedures contained in the building
inspection rule 5.4(17A,100,101,101A). Upon completion of an inspection showing
the building to be in compliance, the fire marshal issues a certificate. If the
building is found to be in noncompliance, the certificate applicant may file a
petition requesting a review and the same procedure is used as if an order were
being requested to be reviewed. Upon completion of the review process, if the
building is found to be in compliance, a certificate is then issued.
5.5(2) Inspection fees. The following fees
shall apply respectively to inspections of the facilities of the types listed
where a certificate of inspection from the fire marshal is required in order to
obtain licensure or certification under Iowa law. The inspection fee shall be
paid by check made payable to “Fire Marshal Division, Iowa Department of
Public Safety” prior to the issuance of the certificate provided for in
subrule 5.5(1).
a. The inspection fee for a health care facility licensed
or seeking licensure pursuant to Iowa Code chapter 135C or a group home licensed
or seeking licensure in this state is $2 per bed.
b. The inspection fee for an elder group home certified or
seeking certification pursuant to Iowa Code chapter 231B or an assisted living
facility licensed or seeking licensure pursuant to Iowa Code chapter 231C is
$7.50 per bed.
c. The inspection fee for a child care facility licensed or
seeking licensure pursuant to Iowa Code chapter 237A is $20 per
facility.
d. When an initial inspection which requires a fee pursuant
to paragraphs “a,” “b,” or “c” of this
subrule results in a finding of a deficiency or deficiencies which require a
reinspection, the initial reinspection shall be performed without the imposition
of any additional fee. If the original deficiency or deficiencies have not been
corrected at the time of the initial reinspection, then a fee of $100 for each
additional reinspection after the initial reinspection is required until the
original deficiency or deficiencies have been corrected.
e. The fee for a suitability inspection of a prospective
site for a facility which may seek licensure or certification from the state of
Iowa is $100.
This rule is intended to implement Iowa Code chapter 100 as
amended by 2000 Iowa Acts, House File 2552.
ITEM 2. Amend rule 661—5.307(101)
as follows:
661—5.307(101) Reporting
Registration of existing and new tanks—fees.
5.307(1) All existing, new,
replacement and out–of–service aboveground tanks of 1101 gallon
capacity or greater shall be registered with the state fire marshal. This
includes aboveground tanks storing regulated substances as defined in 40 Code of
Federal Regulations, Parts 61 and 116, and Section 401.15, July 1, 1988,
including, but not limited to, petroleum which includes crude oil, heating oil
offered for resale, motor fuels and oils such as gasoline, diesel fuels and
motor oil.
5.307(2) 5.307(1)
Registration form. Registration forms for aboveground storage tanks may
be obtained from the fire marshal division. The A
completed registration notice form shall be
submitted to the fire marshal division by the date on which it is due and
accompanied by a fee check made payable to the “Fire
Marshal Division, Iowa Department of Public Safety”
of for $10 for each tank registered or
reregistered. Fees must be in the form of a check or money order
payable to the Treasurer, State of Iowa. No cash will be
accepted.
5.307(3) 5.307(2)
Registration deadlines and late fees. All tanks registered
prior to October 1, 1999, are due to be reregistered on October 1, 2000, and
October 1 of each year thereafter. Any tank registered for the first time on or
after October 1, 1999, is due to be reregistered on the first day of the month
following the anniversary date of the initial registration and on the same date
of each year thereafter. A late fee of $25 per tank shall be imposed for
failure to register the a tank or tanks within
the guidelines of Iowa Code section 101.102 prior to the last day of
the month in which the registration fee is due.
5.307(4) 5.307(3)
Registration tag or decal. Upon receipt of the required registration
form and fees, a separate tag or decal for each tank and a copy of the
registration form shall be returned to the sender. The tag or decal must be
attached to the fill pipe within one foot of where it connects to the tank.
Where such installation is impracticable, the tag or decal may be applied to the
fill pipe within one foot of where the transport connection is made or to the
tank within one foot of the fill pipe.
Rules 5.306 and Rule 5.307
are is intended to implement Iowa Code chapter 101 as
amended by 2000 Iowa Acts, Senate File 2430.
[Filed Emergency 6/30/00, effective 7/1/00]
[Published 7/26/00]
EDITOR’S NOTE:
For replacement pages for IAC, see IAC Supplement 7/26/00.
ARC 9988A
PUBLIC SAFETY
DEPARTMENT[661]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code section 692A.10, the
Department of Public Safety hereby amends Chapter 8, “Criminal Justice
Information,” Iowa Administrative Code.
The Sex Offender Registry was established by the adoption of
Iowa Code chapter 692A by the Iowa General Assembly in 1995. The Registry is
intended to facilitate the tracking of sex offenders by criminal and juvenile
justice agencies in order to accomplish two related purposes: (1) enhance the
capability of criminal and juvenile justice agencies to obtain information about
convicted sex offenders useful in investigation of offenses, apprehension of
suspects, and prosecution of crimes, especially sex offenses, and (2) enable
members of the public to obtain information about convicted sex offenders that
may assist them in protecting themselves.
Iowa Code chapter 692A was amended this year by 2000 Iowa
Acts, Senate File 2031, in which the time limit for registrants to report
changes of address, telephone number, or name was reduced from ten days to five
days. These amendments incorporate this change. In addition, completion of
risk assessments by juvenile court officers, which was previously inadvertently
omitted from the rules, is added, and two elements of the rules are removed.
One of the deleted elements is a requirement that registrants receive a
completed copy of the risk assessment form when they receive notice of possible
affirmative public notification. This information will be provided to the
registrant if an appeal of af–firmative public notification is filed.
These amendments also remove the requirement that the forms displaying
registrants for purposes of affirmative public notification contain the
signature of the chief executive of the agency undertaking affirmative public
notification.
Pursuant to Iowa Code subsection 17A.4(2), the Department
finds that notice and public participation prior to the adoption of these
amendments is impracticable, as it was the intent of the General Assembly that
the Department implement the provisions of 2000 Iowa Acts, Senate File 2031, as
soon as the legislation became effective.
Pursuant to Iowa Code section 17A.5(2)”b”(2), the
Department further finds that the normal effective date of these amendments
should be waived and the amendments made effective July 1, 2000, after filing
with the Administrative Rules Coordinator. These amendments confer a benefit
upon the public by providing for immediate implementation of the shorter time
limit for registrants to report changes in status to a county sheriff.
These amendments as also published herein under Notice of
Intended Action as ARC 9986A. The Notice of Intended Action provides for
a period of public comment and participation, including a public hearing. This
process will culminate in adoption of amendments through the normal
rule–making process after consideration of any public input received
during the comment period.
These amendments are intended to implement Iowa Code chapter
692A as amended by 2000 Iowa Acts, Senate File 2031.
These amendments became effective July 1, 2000.
The following amendments are adopted.
ITEM 1. Amend subrule 8.303(2),
paragraph “b,” intro–ductory paragraph, as
follows:
b. Form DCI–145 shall also be used to report changes of
residence, telephone number, or name of registrants. A completed copy of Form
DCI–145 shall be submitted by the registrant to the sheriff of the county
of residence each time the registrant’s place of residence, telephone
number, or name changes within ten five days of the
change of residence, telephone number, or name, whether within or outside the
state of Iowa. The original of each completed Form DCI–145 shall be
forwarded to the division of criminal investigation by the registering agency
within three days of receiving the completed form.
ITEM 2. Amend subrule 8.304(1) as
follows:
Amend the introductory paragraph as follows:
8.304(1) Affirmative public notification for public
pro–tection. A criminal or juvenile justice agency may initiate
affirmative public notification regarding the identity and location of a
specific registrant subsequent to the completion of a risk assessment of the
registrant by the division of criminal investigation, the department of
corrections, or the department of human services, or a
juvenile court officer which has resulted in a finding that the registrant
is “at risk.” A request for confirmation that a risk assessment
resulting in classifying the registrant as “at risk” has been
completed may be sent to the division of criminal investigation by mail,
electronic mail via the Internet to isor@dps.state.ia.us,
fax facsimile transmission or via the Iowa on–line
warrants and articles (IOWA) system.
Amend paragraph “d,” subparagraph
(1), as follows:
(1) When a risk assessment has been completed by the division
of criminal investigation, the department of corrections, or the department of
human services, the agency which conducted the risk assessment shall notify, or
cause to be notified, the registrant of the initial finding, by providing to the
registrant a completed copy of Form DCI–152 and of the risk
assessment. Procedures for notifying a registrant of the results of a
risk assessment and providing for appeals thereof shall be subject to the rules
of the agency conducting the risk assessment. Copies of the risk assessment and
related documents, including any appeals and documentation of the results of
appeals, shall be provided to the division of criminal investigation.
When a risk assessment has been completed by a juvenile court officer, the
juvenile court officer shall notify the division of criminal investigation of
the results of the risk assessment and provide a copy of the risk assessment to
the division of criminal investigation.
When a risk assessment has been completed by the division of
criminal investigation or the division of criminal investigation has received a
completed risk assessment from a juvenile court officer, notice shall be given
by the division of criminal investigation to the registrant by personal service
or by certified mail, return receipt requested, 14 days prior to the
commencement of any affirmative public notification, unless it is impracticable
to give timely notice. No additional notice is required. Notice is deemed
provided if the registrant refuses delivery of certified mail or if certified
mail is undeliverable because the registrant has not complied with registry
requirements to provide a current address. The notice shall contain the
following information:
1. The result of the risk assessment;
2. A description of the scope of affirmative public
notification which may result from the risk assessment;
3. That unless application is made for a hearing on or before
the date mentioned in the notice, affirmative public notification may take place
at any time thereafter while the person remains a registrant;
4. That the offender may make application for a hearing by
filing a written request for a hearing and mailing or serving it on the
department at an address prescribed on the notice so it is received on or by the
date mentioned in the notice;
5. That if application is made and received by the department
by 4:30 p.m. on or by the date mentioned in the notice, there will be no
affirmative public notification until and unless the result of the risk
assessment is affirmed, or is modified, through the hearing process.
Amend paragraph “e” as follows:
e. Affirmative public notification initiated by other criminal
or juvenile justice agency. A criminal or juvenile justice agency may initiate
affirmative public notification with regard to a registrant subsequent to the
completion by the division of criminal investigation, the department of
corrections, or the department of human services, or a
juvenile court officer of a risk assessment finding that the registrant is
“at risk.” Prior to initiating affirmative public notification, the
agency initiating it shall provide notice to the registrant of the
agency’s decision to initiate affirmative public notification, of the
intended scope and manner of affirmative public notification, and of the
registrant’s right to contest the decision. A copy of the notice shall be
submitted to the division of criminal investigation at the same time as it is
transmitted to the registrant. The notice shall contain instructions to the
registrant as to the procedures for contesting the decision and the time allowed
to do so. Affirmative public notification shall not proceed until the time
allowed for contesting the decision has expired or, if the decision is
contested, until the decision has been upheld. Any written or published form of
affirmative public notification shall prominently display the identity of the
agency initiating the notification and the signature of the chief
executive of that agency.
Any criminal or juvenile justice agency initiating affirmative
public notification regarding any registrant is authorized to request assistance
in carrying out affirmative public notification from other law enforcement
agencies with jurisdiction in areas in the vicinity of the registrant’s
residence, place of employment or school, or other places which the registrant
is known to frequent.
ITEM 3. Amend 661—Chapter 8,
implementation clause, as follows:
These rules are intended to implement Iowa Code
Supplement chapter 692A as amended by 1999 Iowa Acts, House File
136 and Senate File 294 2000 Iowa Acts, Senate File
2031.
[Filed Emergency 6/29/00, effective 7/1/00]
[Published 7/26/00]
EDITOR’S NOTE:
For replacement pages for IAC, see IAC Supplement 7/26/00.
FILED
ARC 9996A
INSPECTIONS AND APPEALS
DEPARTMENT[481]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 10A.104(5),
137C.6, 137D.2(4) and 137F.2, the Department of Inspections and Appeals hereby
amends Chapter 30, “Food and Consumer Safety,” Chapter 31,
“Food Establishment and Food Processing Plant Inspections,” Chapter
34, “Home Food Establishments,” and Chapter 37, “Hotel and
Motel Inspections,” Iowa Administrative Code.
The Department of Inspections and Appeals adopted these
amendments July 5, 2000. Notice of Intended Action was published in the Iowa
Administrative Bulletin on May 31, 2000, as ARC 9856A.
These amendments implement 1999 Iowa Acts, chapter 208 [House
File 782]. Items 1 and 2 allow not potentially hazardous food products to be
prepared in the home and sold to the general public for consumption off the
premises without licensing. Item 3 permits the sale of wild morel mushrooms in
restaurants and grocery stores, allows aged cheeses to be sold without date
marking and exempts from the consumer advisory requirement the preparation and
serving of whole red muscle meats that are undercooked. Item 4 updates labeling
requirements for home food establishments that sell bakery products to grocery
stores and restaurants to bring them into compliance with the Federal Food, Drug
and Cosmetic Act which requires that an ingredient statement be present when a
food has two or more ingredients. Item 5 updates hotel rules referring to the
1976 Food Service Establishment Ordinance in reference to the design of
equipment used to store or handle ice.
The following amendments are not subject to waiver because
they are specifically mandated by statute.
At the request of the Administrative Rules Review Committee,
the term “potentially hazardous food” is being defined in
481—30.1(10A). This new definition, added since the Notice of Intended
Action, is identical to the definition provided in Iowa Code section
137F.1.
These amendments are intended to implement Iowa Code section
10A.104, Iowa Code chapters 137C, 137D, and 137F, and 1999 Iowa Acts, chapter
208 [House File 782].
These amendments shall be become effective August 30,
2000.
The following amendments are adopted.
ITEM 1. Amend rule
481—30.2(10A) as follows:
Amend the definitions of “farmers market” and
“food establishment” as follows:
“Farmers market” means a marketplace which
operates seasonally as a common market for fresh fruits and vegetables on a
retail basis for consumption elsewhere.
The following products may be sold at a farmers market without
being licensed under Iowa Code section 137F.4 at the market location:
1. Baked goods except the following: soft pies and bakery
products with custard or cream fillings, as well as other potentially hazardous
items. These products must be labeled in accordance with rule
481—34.3(137D).
2. Wholesome, fresh eggs.
3. Honey which is labeled per rule
481—34.3(137D).
4. Prepackaged, nonhazardous not
hazardous food products prepared in an establishment licensed under Iowa
Code section 137F.4 as a food establishment or a food processing
establishment.
5. Fresh fruits and vegetables.
6. Not potentially hazardous food prepared on the premises
of a residence. This exemption does not include “home–style”
canning, since food in hermetically sealed containers must come from a licensed
food processing plant.
7. Jams and jellies.
“Food establishment” means an operation that
stores, prepares, packages, serves, vends or otherwise provides food for human
consumption and includes a food service operation in a school, summer camp,
residential service substance abuse treatment facility, halfway house substance
abuse treatment facility, correctional facility operated by the department of
corrections, the state training school or the Iowa juvenile home. “Food
establishment” does not include the following:
1. A food processing plant.
2. An establishment that offers only prepackaged foods that
are nonpotentially not potentially hazardous.
3. A produce stand or facility which sells only whole, uncut
fresh fruits and vegetables.
4. Premises which are a home food establishment pursuant to
Iowa Code chapter 137D.
5. Premises which operate as a farmers market.
6. Premises of a residence in which food that is
nonpotentially not potentially hazardous is sold for
consumption off the premises to a consumer customer, if the food is
labeled to identify the name and address of the person preparing the food and
the common name of the food. “Not potentially hazardous
food” means only the following:
• Baked
goods, except the following: soft pies, bakery products with custard or cream
fillings, or any other potentially hazardous goods.
• Wholesome,
fresh eggs that are kept at a temperature of 45 degrees Fahrenheit or 7 degrees
Celsius or less.
• Honey
which is labeled with the name of the product, and the name and address of the
person preparing the food.
7. A kitchen in a private home where food is prepared or
stored for family consumption or in a bed and breakfast home.
8. A private home that receives catered or
home–delivered food.
9. Child day care facilities and other food establishment
facilities located in hospitals or health care facilities which are subject to
inspection by other state agencies or divisions of the department.
10. Supply vehicles, vending machine locations or boarding
houses for permanent guests.
11. Establishments exclusively engaged in the processing of
meat and poultry which are licensed pursuant to Iowa Code section
189A.3.
12. Premises covered by a current Class “A” beer
permit as provided in Iowa Code chapter 123.
13. Premises covered or regulated by Iowa Code section 192.107
with a milk or milk products permit issued by the department of agriculture and
land stewardship.
14. Premises or operations which are regulated by or subject
to Iowa Code section 196.3 and which have an egg handler’s
license.
Adopt the following new definition in
alphabetical order:
“Potentially hazardous food” means a food that is
natural or synthetic and is in a form capable of supporting the rapid and
progressive growth of infectious or toxigenic microorganisms, or the growth and
toxin production of clostridium botulinum. “Potentially hazardous
food” includes an animal food that is raw or heat–treated, a food of
plant origin that is heat–treated or consists of raw seed sprouts, cut
melons, and garlic and oil mixtures. “Potentially hazardous food”
does not include the following:
1. An air-cooled hard–boiled egg with shell
intact.
2. A food with a water activity value of 0.85 or
less.
3. A food with a hydrogen ion concentration (pH) level of 4.6
or below when measured at 24 degrees Centigrade or 75 degrees
Fahrenheit.
4. A food, in an unopened hermetically sealed container, that
is commercially processed to achieve and maintain commercial sterility under
conditions of nonrefrigerated storage and distribution.
ITEM 2. Amend subrule 31.1(2) to read as
follows:
31.1(2) Food prepared in a home food establishment,
licensed under Iowa Code section 137D.2 or a premises as provided in
Iowa Code section 137F.1(8)“f,”, can be offered for
sale.
ITEM 3. Amend rule 481—31.1(137F)
by adopting the following new subrules:
31.1(14) Paragraph 3–201.16(B) shall be amended
to permit wild morel mushrooms to be sold in food establishments.
31.1(15) Paragraphs 3–501.17(C) and (D) shall be
amended so that aged cheese is not required to be date–marked.
31.1(16) Section 3–603.11 shall be amended so
that a consumer advisory is not required when a food establishment serves
undercooked whole muscle red meats.
ITEM 4. Amend rule 481—34.3(137D)
to read as follows:
481—34.3(137D) Labeling requirement. All labels
shall contain the following information in legible English:
1. Name and address of the person(s) preparing the food,
and
2. Common name of the food.,
3. The names of all ingredients in the food, beginning with
the one present in the largest proportion and continuing in descending order of
predominance, and
4. The quantity of the contents in terms of weight, measure
or numerical count.
ITEM 5. Amend subrule 37.5(3) to read as
follows:
37.5(3) Ice kept for guests to use shall be protected
from contamination. Lids on ice machines or storage bins shall be tight.
Containers used to store ice shall be continuously drained and there shall be an
air gap in addition to the drain. Standards in Chapter 4,
“Equipment and Utensil Materials” of the 1976 edition of the Food
Service Establishment Ordinance are to be met for equipment and utensils used to
store or handle ice. Ice containers and utensils shall be designed
so that the surfaces are made of a material that is safe for use as a food
contact surface and so that the surface can be adequately cleaned.
[Filed 7/5/00, effective 8/30/00]
[Published 7/26/00]
EDITOR’S NOTE:
For replacement pages for IAC, see IAC Supplement 7/26/00.
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